Barnstead v. Empire Mining Co.
Barnstead v. Empire Mining Co.
Opinion of the Court
Bryan, J., and Heydenfeldt, J., concurred.
There is no ground in this case which seriously warrants an appeal. The right of a member of an incorporated company to sue the incorporation has never, to our knowledge, been doubted, and, in this very right consists one of the essential differences, between incorporations and mere partnerships; for in the latter, one partner cannot sue in an action at law, but must file his bill in equity for a dissolution and an account.
There was no error in excluding the defendants’ evidence; they were
Much stress was laid in argument upon the order of the Court, directing the defendants to produce books and papers. The order was correct, and made upon the authority of the statute. The other objections are frivolous.
Judgment affirmed with costs.
Reference
- Full Case Name
- THOMAS S. BARNSTEAD v. THE EMPIRE MINING COMPANY
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- The right of a member of an incorporated company to sue the corporation is undoubted. One partner cannot sue the other in an action at law. The remedy is by bill in equity for a dissolution and an account. The Practice Act authorizes the Court to make an order directing a party to produce books and papers in Court.