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" But in addition to the existence of grievances which call for this kind of relief, it is equally important that before the shareholder is permitted in his own name to institute and conduct a litigation which usually belongs to the corporation, he should... "
The American State Reports: Containing the Cases of General Value and ... - Side 31
redigert av - 1904
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 464

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1986 - 996 sider
...unjustified failure of the corporation to act for itself, it was appropriate to permit a shareholder "to institute and conduct a litigation which usually belongs to the corporation." Id., at 460. With some additions and changes in wording, the conditions set out in Hawes have been...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 81

Georgia. Supreme Court - 1889 - 936 sider
...must exist, and before an individual stockholder can be heard, he must show, in the language of this court, that 'he has exhausted all the means within...grievances or action in conformity to his wishes,' (citing Hawes vs. Oakland, supra.) In that case the court added that the efforts to induce such action...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volum 98

Alabama. Supreme Court - 1894 - 744 sider
...for this kind of relief, it is equally important that before the shareholder is permitted in his owu name to institute and conduct a litigation which usually...corporation, he should show to the satisfaction of the court that he had exhausted all the means withiu his reach, to obtain, within the corporation itself, the...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volum 25

1882 - 624 sider
...grievances which call for relief, it is equally important that before the shareholder is permitted in his own name to institute and conduct a litigation which...conformity to his wishes. He must make an earnest, not a simulated effort, with the managing body of the corporation, to induce remedial action on their...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumer 53-54

1896 - 866 sider
...to obtain, within the corporation itself, the redress of his grievances, before he can be permitted to institute and conduct a litigation which usually belongs to the corporation. He must make an earnest, not a simulated effort, with the managing body to induce remedial action on their...
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The Federal Reporter, Volum 141

1906 - 1122 sider
...call for this kind of relief, It Is equally Important that, before the shareholder is permitted in his own name to institute and conduct a litigation which...grievances, or action In conformity to his wishes. He must mnke an earnest, not a simulated, effort with the managing body of the corporation to induce remedial...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 17-18

1883 - 1914 sider
...Burr BY STOCKHOLDERS — PREREQUISITES. Before a stockholder can sue in his own name he must show to the satisfaction of the court that he has exhausted...grievances, or action in conformity to his wishes. 2. SAME — BILL MOST Snow, WHAT. In such a case the hill must set forth with particularity the efforts...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 61-62

1894 - 2074 sider
...laid down in Hawes v. Oakland, 104 US 450, and similar cases. It does not appear that the complainant "exhausted all the means within his reach to obtain,...itself, the redress of his grievances, or action in accordance with his wishes." Another fatal defect of the bill is that it does not show that the court...
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The Southern Law Review: And Chart of the Southern Law and Collection Union

1883 - 876 sider
...call for this kind of relief, it is equally important that, before the shareholder is permitted in his own name to institute and conduct a litigation which...redress of his grievances, or action in conformity with his wishes. He must make an earnest, not a simulated effort, with the managing body of the corporation,...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volum 8

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1883 - 730 sider
...permitted iu his own name to institute and conduct a litigation Opinion of the Court — Sawyer, CJ [April, which usually belongs to the corporation, he should...conformity to his wishes. He must make an earnest, not a simulated effort, with the managing body of the corporation to induce remedial action on its...
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