Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1884-11-30
TIE MISGO CASE.
The Defendants win-ohio Has Original
Jurisdiction.


The Defendants win-ohiO Has Original
Jurisdiction.
Judge Woods delivered the opinion OF tn"
court Yesterday in the celebrated Mingo
Iron Works case. The opinion is an elabo
rate one. much care and attention being
given 10 it By the court, both on account
the amount OF money involved and the grea
importance Of the principles decided.
Alexander Laug hlin and number Of the
Others Of our citizens took stock in the Min
20 lion Works, corporation created by the
laws OF Ohio The stock taken BY our Clti
zens amounted to about $4,000. The
company smashed up, leaving upwards o!
S2S6. 900 Of debts unpaid and OF course the
entire stock was lest. Creditors took al
the assets of the company. Nimick 4
Co, large creditors, fled their bill in
the Municipal Court Of Wheeling alleging
that by the laws of Ohio, the stockholders
of the corporation were liable to the creditors
in an amount equal to their stock, after
their stock had been fully paid up; that the
Mingo Iron Works was insolyent; that all
its assets had, by suit in Ohio, by creditors
been exhausted, and that debts remained
which would require to be paid on the part
OF each stoc6hOlder, an amount Of money
equal 10 the fall amount Of the par value Of
this stock. The bill WAS filed for the pur
pose of settling up the affairs Of the corpor
alton ard ascertaining the exact amount
! that each Of the stockholders resident il
Wheeling would be reeSc"ired to nav &c
This was demurrer to the bill, which
that Court Judge Jefers) sustained
and dismissed the bill, and
the plaintiffs appealed, and the Supreme
Court of Appeals affirmed the decree, and
while it held, that the stockholders residing
here were liable On theIr implied contract to
the creditors, yet the amount Of their labil,
ity could not be sScertained in an original
suit brought in this State That the rene
dy furnished by the Ohio statute which cres
ted the right TO sue would be the only RENE
dy in the case and that had provided that
said liability should be ascertained in her
own courts. Instead OF pursuing that RENE
dy the bill is filed here as an original bill,
and Of which our courts have not iurisdic.
ton. Our courts cannot supplement the
remedy provided by the Ohio statute. The
effect Of this decision may be to release the
Wheeling stockholders entirely.
The West Virginia stockholders in the
Mingo Iron Works Company were ]. N.
Brown, John Bruce, H. Caldwell, D. P. Du-
val, George Fritobie. W. W. Glass, Joseph
Graves, Thomas Hsrris. Jr, C. Hess. S. Il.
Hathaway, administrator OF Silss Hathaway,
deceased; c. p Brown, admir- of N. J.
Chew; Michael Lotus George p Linch.
". n. Inch A. Lsughlin, Ross Myers,
Sarah NJ Mendel, Sarah NJ Mendel, guar
dian of Harry 5. Mendel; NJ. Belle Mendel,
John r. Aendel, James v. Mendel, Charles
l. Mendel, G. Ed Mendel. George Otto.
Geo p Lineh, admir- of n. P. Remick;
JOS. Roberts, John Rodgers, B. +. Roberts
VIM. +. Stifel, Fl. Serig, l.. Serig, H. Trux-
ell, W. H. Travis, ex'r Of Jos H Hepburn,
VIM. Woodward and Samuel Laughlin.
The attorneys in the case were Hubbard |
and Russell for Nemiek & Co, and Lamb !
and White for the defendants.