Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 25Tribune Company Press, 1885 |
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Page 36
... directors and the sale was ordered by the stockholders in general meeting . SNYDER , JUDGE , furnishes the following statement of the case : The Northwestern Virginia Agricultural Society became a corporation of this State by act of the ...
... directors and the sale was ordered by the stockholders in general meeting . SNYDER , JUDGE , furnishes the following statement of the case : The Northwestern Virginia Agricultural Society became a corporation of this State by act of the ...
Page 37
... directors , ) was held March 6 , 1880 , and a com- mittee , consisting of said S. J. Boyd , Earl W. Oglebay and Michael Reilly , was appointed to sell and dispose of said land " for the best interest of the stockholders , for not less ...
... directors , ) was held March 6 , 1880 , and a com- mittee , consisting of said S. J. Boyd , Earl W. Oglebay and Michael Reilly , was appointed to sell and dispose of said land " for the best interest of the stockholders , for not less ...
Page 39
... directors to call said meeting , he was authorized to do so by respondents , who were the owners of more than one half the stock of the corporation ; and they deny that said notice ought to have alleged the authority by which it was ...
... directors to call said meeting , he was authorized to do so by respondents , who were the owners of more than one half the stock of the corporation ; and they deny that said notice ought to have alleged the authority by which it was ...
Page 40
... directors , or by any number of stockholders , holding to- gether at least one - tenth of the capital . " Code , ch . 53 , § 41. In this instance it is admitted that the meeting was not called by the board of directors and the law does ...
... directors , or by any number of stockholders , holding to- gether at least one - tenth of the capital . " Code , ch . 53 , § 41. In this instance it is admitted that the meeting was not called by the board of directors and the law does ...
Page 41
... directors for this corporation . This was necessarily known to the stockholders . There being no board of directors there could be no secretary of such board . The fact , then , that Earl W. Oglebay signed the notice as secretary could ...
... directors for this corporation . This was necessarily known to the stockholders . There being no board of directors there could be no secretary of such board . The fact , then , that Earl W. Oglebay signed the notice as secretary could ...
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Common terms and phrases
acres action affidavit aforesaid alleged amended amount answer appears appellees application arbitrators assignment assumpsit authority avers award bank bond C. S. Miller cause charged charter circuit court claim commissioner common law constitution contract conveyed corporation counsel county court court of equity creditors damages Damren debts declaration decree deed of trust demurrer Detwiler & English directors dismiss entitled evidence executed facts filed fraudulent George L grantor Grat Harpold held insured interest issue J. B. Detwiler judge judgment jurisdiction jury land legislature liability lien ment Northwestern turnpike Ohio opinion overruled paid Parkersburg parties payment person plaintiff in error plea Pleasants county proceedings prove provision purchaser question Railroad Company record recover refused rendered Ritchie county rule secure sell sold statute stockholders suit thereof tion tract trial verdict West Virginia Wheeling wife Wilson writ of error
Popular passages
Page 22 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 334 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 54 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Page 356 - The provision of the Constitution never has been understood to embrace other contracts than those which respect property, or some object of value, and confer rights which may be asserted in a court of justice.
Page 446 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Page 340 - In their exercise it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in so doing to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold.
Page 454 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents; often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Page xlvi - It Is a finality as to the claim or demand In controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 356 - That the framers of the constitution did not intend to restrain the States in the regulation of their civil institutions, adopted for internal government, and that the instrument they have given us is not to be so construed, may be admitted.
Page 9 - The protection against unwise or oppressive legislation, within constitutional bounds, is by an appeal to the justice and patriotism of the representatives of the people. If this fail, the people in their sovereign capacity can correct the evil; but courts cannot assume their rights.