Weniger v. Success Mining Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Utah; J. A. Marshall, Judge. Suit by George Wenlger against the Success Mining Company aiid others, wherein M. Kimball and others intervened. From the decree, plaintiff and interveners appeal.
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Appeal from the District Court of the United States for the District of Utah; J. A. Marshall, Judge. Suit by George Wenlger against the Success Mining Company aiid others, wherein M. Kimball and others intervened. From the decree, plaintiff and interveners appeal. The appellants were the plaintiff and the interveners In a suit in equity against Jesse Knight, W. L. Mangum, Jacob Evans, and the Success Mining Company, a corporation, for the restoration to the Success Mining Company of certain stock of that corporation issued to Knight, and for the recovery by that company of the dividends that…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The argument on which counsel for the complainants seem to rely most confidently for a reversal of the decree below is that they remained owners of their original stock notwithstanding the Success Company’s attempt to sell the same for a failure to pay the eighth assessment thereon, that all the authorized stock of the corporation had been issued before that sale, and that therefore the stock issued to Pearson in place oí their stock war, an overissue and void. But if the soundness of this contention be conceded, would the complainants be entitled to the…
2Cases cited24 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Felix v. PatrickSupreme Court of the United States · 1892
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
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3Cited by16 opinions
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- Bankers Trust Co. v. RoodSupreme Court of Iowa · 1930
- American Ins. Co. v. LucasDistrict Court, W.D. Missouri · 1940
- Sheehan v. Municipal Light & Power Co.Court of Appeals for the Second Circuit · 1945
- Jack Waite Mining Co. v. WestArizona Supreme Court · 1940
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