Howell Edmunds Jackson

“ The general rule that suits in equity cannot be entertained and decrees be rendered, when necessary or indispensable parties, whether corporations or individuals, are not brought before the court, is not affected by section 1 of the act of February 28, 1839, re-enacted in section 737 of the Revised Statutes of the United States, as this court has repeatedly held. ”

“ It has no judgment against the corporations by which it was defrauded, nor are such corporations made parties defendant to the suit, or brought before the court. The stockholder defendants, who have been served with process and entered their appearance, do not undertake to represent, and cannot in any way represent, the corporations against whom the claim for damages is asserted. ”

“ The dissolution of corporations is or may be effected by expirations of their charters, by failure of any essential part of the corporate organizations that cannot be restored, by dissolution and surrender of their franchises with the consent of the state, by legislative enactment within constitutional authority, by forfeiture of their franchises and judgment of dissolution declared in regular judicial proceedings, or by other lawful means. ”

“ The bill then averred that the vendors represented that it would be impossible to count the cattle upon the ranches, and that the new company would be obliged to take possession of them wherever they might be ranging, without any count being made ”

“ The agreement then provided 'as to all live stock mentioned and described in said inventories, that said first parties [the Wyoming corporations] shall and do hereby agree and guaranty to and with said second party [the British corporation] that the herd books of said first parties, showing the acquisitions, increase, disposition of, and number of cattle now on hand of said first parties, respectively, have been truly and correctly kept;' a copy of which herd books was required to be furnished to the party of the second part. ”