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Stewart v. Washington & Alaska Steamship Co.

Stewart v. Washington and Alaska Steamship Company

Stewart v. Wash. & Alaska S.S. Co., 187 U.S. 466 (1903)
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Court
Supreme Court of the United States
Decided
January 5, 1903
Docket
No. 13
Judges
Brewer
Citations
187 U.S. 46623 S. Ct. 16147 L. Ed. 2612 Alaska Fed. 201902 U.S. LEXIS 764
Syllabus
In an action similar to the preceding, Corpus v. Alaska Treadwell Gold Mining Company, p. 455, ante, brought by a stockholder to restrain a corporation from paying certain taxes in which the bill does not show where the directors reside and does not contain any averment of an application to the directors, or to the president and treasurer, to take action to relieve from the burden of the taxes, the bill was properly dismissed.
Summary
APPEAL EEOM THE DISTRICT OOUBT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. This case was argued by the same counsel as appeared in No. 10, p. 458, ante.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Brewer

Mr. Justice Brewer delivered the opinion of the court.

This case resembles the preceding, in that it was a suit by a stockholder to restrain a corporation from paying certain taxes. The corporation, its president and treasurer were made defendants. The bill alleges that the two officers reside in the city of Tacoma, in the State of Washington; that to them is entrusted the general control and management of the business of the corporation. Where the directors reside is not shown, and there is no averment of any application to the directors or to the president and treasurer to take action to relieve from the burden of the taxes.. Under these circumstances the District Court properly dismissed the suit, and its judgment is Aff/rmed.

The Chief Justice took no part in the decision of this case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1925: 11940: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Fleishhacker v. Blum109 F.2d 543 (9th Cir. 1940)
  2. Murphy v. City of Greensboro129 S.E. 614 (N.C. 1925)

Most recent

  1. Fleishhacker v. Blum109 F.2d 543 (9th Cir. 1940)
  2. Murphy v. City of Greensboro129 S.E. 614 (N.C. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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