Weber v. Della Mountain Mining Co.

Citations

• 11 Idaho 264
• 81 P. 931
• 1905 Ida. LEXIS 56

Syllabus

<p>Injunction Pendente Lite — Corporation Restrained prom Selling Stock on assessment.</p> <p>1. Complaint and counter-affidavit examined and held that they constitute a sufficient showing to warrant the trial judge in exercising his discretion in favor of the granting a temporary injunction pending a determination of the case on its merits.</p> <p>2. Where the proposed action of a corporation to sell the stock of an insane stockholder for the payment of an assessment is founded upon and instigated by the wrongful aets and conduct of a person who controls a majority of the capital stock, and a part of the stock going to make up such majority was procured by such person from the insane stockholder, and a cause of action for fraud and wrongful conduct is charged against the person so controlling a majority of the stoek, a temporary restraining order against the corporation making such sale is incidental to the main action and is a proper relief to be granted in the sound discretion of the court until the case can be heard on its merits.</p> <p>(Syllabus by the court.)</p>