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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 ... - Page 47
1883
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 81

Georgia. Supreme Court - 1889 - 936 pages
...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 ..., Volume 98

Alabama. Supreme Court - 1894 - 744 pages
...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 ..., Volumes 53-54

1896 - 866 pages
...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, Volume 141

1906 - 1122 pages
...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 ..., Volume 8

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1883 - 730 pages
...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 ..., Volume 10

1884 - 1062 pages
...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 pages
...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, Volume 1

Victor Morawetz - 1886 - 630 pages
...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 pages
...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: Cases Adjudged in the Supreme Court at ..., Volume 120

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1887 - 888 pages
...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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