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· 1/4/1912

Ross v. Berry

Citations

  • 16 N.M. 778
  • 120 P. 309

Syllabus

<p>SYLLABUS.</p> <p>1. It was not necessary for the appellant to have had the transcript of evidence signed and- settled as a bill of exceptions in order to have made the same a part of the record.</p> <p>2. The bill of exceptions, especially when it includes the evidence in a case, can only be settled by the trial judge who presided at the trial.</p> <p>3. Motion to strike bill of exceptions containing the transcripts of the evidence and the findings of fact and conclusions of law, signed and settled by the presiding judge of the district, ■ but not by the trial judge, sustained.</p> <p>4. Motion at this time by appellant to settle the transcript of evidence and bill of exceptions by adding thereto the certificate of the trial judge, overruled. In so far, however, as said motion may be construed as a motion in diminution of the record for the purpose of 'having the findings of fact and conclusions of law, together with the exceptions thereto, made a part of the record proper, the same will be granted.</p>

How courts have described this case

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

  • holding allegations that officers and directors bought corporate shares at bargain price insufficient to establish usurpation of corporate opportunity
  • discussing fiduciary duty imposed upon both corporate officers and corporate directors
  • allegations that officers and directors bought corporate shares at bargain price insufficient to establish usurpation of corporate opportunity
  • allegations that officers and directors bought corporate shares at bargain price insufficient to establish usurpation of corporate opportunity
  • “[0]ne who occupies a fiduciary relationship to a corporation may not acquire, in opposition to the corporation, property in which the corporation has an interest or tangible expectancy”
  • derivative action by shareholder for directors’ breach of fiduciary duty

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright

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