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· 11/15/1900

Fowler v. Great Southern Telephone & Telegraph Co.

Citations

  • 104 La. 751

Syllabus

<p>Syllabus.</p> <p>1. Plaintiff sewed in the capacity of general manager and secretary of defend ant corporation. A salary was fixed for him for the former position; none for the latter. During the nine years he filled the positions he drew monthly his ‘salary as general manager, but made no claim for compensation as secretary. Only after his retirement from the service of the company does ho assert his right to a salary as secretary independent of that be was receiving as general manager. Held: He cannot recover.</p> <p>2. The measure of power vested in the board of directors of defendant company is determined by its charter and by-laws, and the board’s action in excess thereof is not binding upon the corporation.</p> <p>.3. It is not found that plaintiff was ever employed specifically by the yewr as general manager, but if he were, there was no power in the board of directors to so employ him, since the by-laws distinctly declare that all officials shall hold office “during the pleasure of the board.”</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Rooker-Feldman barred “wrongful foreclosure claim” as well as “claims for quiet title, slander of title, and declaratory relief”
  • ruling, in Rooker-Feldman context, that jurisdictional questions, including Rooker-Feldman, must be decided before ruling on the merits
  • finding the first and fourth requirement “clearly met” when the federal plaintiff lost in a foreclosure action in state court prior to the filing of the federal case
  • “Where it appears that granting leave to amend is unlikely to be productive, however, it is not an abuse of discretion to deny leave to amend” (citation omitted)
  • “[A] federal court generally may not rule on the merits of a case without first determining that it has jurisdiction over the category of claim in suit ([i.e.,] subject-matter jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Chard

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