For Your Data Salgo V. Matthews Representative Brief
March 10, 2016
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Salgo v. Matthews case brief summary
497 S.W.2d 620 (1973)
CASE FACTS
Defendants, corporate president too corporate election inspector, appealed a mandatory injunction compelling them to bring certainly proxy votes sought to move submitted yesteryear plaintiff dissident shareholders.
DISCUSSION
CONCLUSION
The lower court's gild issuing a mandatory injunction to defendants, corporate president too corporate election inspector, compelling credence of the proxy votes, was reversed. Plaintiff dissident shareholders were non entitled to injunctive relief because that is an equitable remedy, too they had a legally adequate remedy at law, a quo warranto action.
Recommended Supplements for Corporations too Business Associations Law
497 S.W.2d 620 (1973)
CASE SYNOPSIS
Defendants, corporate president too corporate election inspector, appealed a mandatory injunction issued yesteryear the District Court of Dallas County, Texas, which compelled them to bring certainly proxy votes submitted yesteryear plaintiff dissident shareholders.CASE FACTS
Defendants, corporate president too corporate election inspector, appealed a mandatory injunction compelling them to bring certainly proxy votes sought to move submitted yesteryear plaintiff dissident shareholders.
DISCUSSION
- The courtroom reversed. It held that the trial judge's preliminary too concluding injunctive orders were improper, inasmuch equally plaintiffs had an adequate remedy at police via an application for a writ of quo warranto.
- Plaintiffs neither alleged nor proved that they could non possess got established the validity of their proxies inwards a quo warranto proceeding later completion of the election, or that they could non possess got obtained total relief inwards such a proceeding yesteryear judgment declaring the right final result of the election too ousting whatsoever persons unlawfully belongings the portion of directors of the corporation.
- Plaintiffs likewise did non exhibit that the affairs of the venture would possess got been adversely affected yesteryear the inability of the nonmanagement candidates to bring command of the corporation.
CONCLUSION
The lower court's gild issuing a mandatory injunction to defendants, corporate president too corporate election inspector, compelling credence of the proxy votes, was reversed. Plaintiff dissident shareholders were non entitled to injunctive relief because that is an equitable remedy, too they had a legally adequate remedy at law, a quo warranto action.
Recommended Supplements for Corporations too Business Associations Law