State ex rel. Gilbert v. Union Investment Co.

Citations

• 7 S.D. 51
• 63 N.W. 232
• 1895 S.D. LEXIS 37

Syllabus

<p>1. The name of the state as a party plaintiff is unauthorized in an action to enforce an individual right of a private person.</p> <p>2. In an action under the statute to vacate a charter or annul the existence of a corporation, the action must be in the name of the state alone, as the real party in interest, and the offending corporation is the only proper party defendant.</p> <p>(Syllabus by the Court.</p>