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" He must make an earnest, not a simulated, effort with the managing body of the corporation to induce remedial action on their part; and this must be made apparent to the court. If time permits or has permitted, he must show, if he fails with the directors,... "
The Federal Reporter: Cases Argued and Determined in the Circuit and ... - Página 47
1883
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volumen81

Georgia. Supreme Court - 1889 - 936 páginas
...court. If time permits, or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders...to require it. The efforts to induce such action as Alexander, trustee, et al. i». Searoy el al. complainant desires on the part of the directors, and...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen98

Alabama. Supreme Court - 1894 - 744 páginas
...as a body, in the matter of which he complains ; and he must show a case, if this is not done, whtre it could not be done, or it was not reasonable to require it." Continuing, we said : "These principles commend themselves to our approval by the strongest of considerations....
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volúmenes53-54

1896 - 866 páginas
...part. If time permits, or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders as a body, or he must show that the case was one where such effort could not reasonably be required. These two...
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The Federal Reporter, Volumen141

1906 - 1122 páginas
...court. If time permits or has permitted, he must show, If he falls with the directors, that he has made an honest effort to obtain action by the stockholders...not be done, or it was not reasonable to require it" In Corbus v. Goldmining Company, 187 US 455-4G3, 23 Sup. Ct. 157, 1GO, 47 L. Ed. 25G, the court, after...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volumen8

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1883 - 730 páginas
...with the directors of the corporation, and time permits, he must show in his bill that he has made an honest effort to obtain action by the stockholders as a body. 4. PERSONAL EFFORTS. — He must himself have made an effort to secure a redress of grievances through...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volumen10

1884 - 1062 páginas
...If time permits, or has permitted, he must show, if he failed with the directors, that he has made an honest effort to obtain action by the stockholders as a body in the matter of which he complains. Dannmeyer v. Coleman,* 11 Fed. R,, 97. § 655. A stockholder seeking to sue in his own name on behalf...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 730 páginas
...secure corporate action are described, it is said that the plaintiff may " show a case, if this be not done, where it could not be done, or it was not reasonable to require it ;" and the '• total destruction of the corporate existence and the annihilation of all corporate...
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A Treatise on the Law of Private Corporations, Volumen1

Victor Morawetz - 1886 - 630 páginas
...court. If time permits, or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders...be done, or it was not reasonable to require it." 8 " This refusal of the board of directors is essential in order to give the stockholder any standing...
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Main Et Al. Vs. Central Pacific R.R.: Arguments of Brown & Bishop for ...

1886 - 830 páginas
...Court. If time permits, or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders...the matter of which he complains. And he must show a •L&4JL- *Btt, if this is not done, where it could not be done, or it was . oat reasonable to require...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1887 - 888 páginas
...court. If time permits or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders,...be done, or it was not reasonable to require it." Again it is said: " He merely avers that he requested the president and directors to desist from furnishing...
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