 | United States. Supreme Court - 1870 - 738 pages
...is appointed by the comptroller, and the power of appointment carries with it the power of removal. It is for the comptroller to decide when it is necessary...to be questioned in the litigation that may ensue. lie may make it at such time as he may deem proper, and upon such data as shall be satisfactory to... | |
 | 1901 - 510 pages
...the original act it was for the comptroller to decide when it was necessary to institute proceedings, and whether the whole or a part, and, if only a part, how much, should be collected. Those questions were referred to his judgment and discretion, and his determination... | |
 | United States. Supreme Court - 1876 - 802 pages
...enforce their personal liability, and whether the whole or any part, and, if a part, how much, should be collected. These questions are referred to his...conclusive. The stockholders cannot controvert it. Its validity is not to be questioned in the litigation that may ensue. He may make it at such time... | |
 | William A. Shinn - 1876 - 624 pages
...Wall., 498.) Sanger v. Upton, Assignee. In that case it was said: "It is for the comptroller to deckle when it is necessary to institute proceedings against...their personal liability, and whether the whole or any part, and if a part, how much, should be collected. These questions are referred to his judgment... | |
 | United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1876 - 590 pages
...In re Manufacturers' National Bank. the power of appointment carries with it the power of removal. It is for the comptroller to decide when it is necessary to institute proceedings against stock-holders to enforce their personal liability, and whether the whole or a part, and, if a part,... | |
 | United States. Circuit Court (4th Circuit) - 1877 - 684 pages
...language referred to, used by Justice Swayne, who delivered the unanimous opinion of the court, was this; "It is for the comptroller to decide when it is necessary...their personal liability, and whether the whole or part, and if only a part, how rnuch shall be collected. These questions are referred to his judgment... | |
 | United States. Congress. House - 1878 - 668 pages
...is appointed by the Comptroller, and the power of appointment carries with it the power of removal. It is for the Comptroller to decide when it is necessary...institute proceedings against the stockholders to enforce tbeir personal liability, and whether the whole or a part, and, if only a part, how much shall be collected.... | |
 | Isaac Grant Thompson - 1878 - 1018 pages
...is appointed by the Comptroller,' and the power of appointment carries with it the power of removal. It is for the Comptroller to decide when it is necessary to institute proceedings against stockholders to enforce their personal liability, and whether the whole or a part, and, if a part,... | |
 | Irving Browne - 1880 - 638 pages
...United States in Kennedy v. Gibson, 8 Wall. 498 ; Thomp. NB Caa. 17, and the Supreme Court there say : " It is for the Comptroller to decide when it is necessary...conclusive. The stockholders cannot controvert it." It is however insisted that this portion of the opinion is obiter and not binding upon this court. I cannot... | |
 | 1900 - 2044 pages
...Kenuedy v. Gibson, 8 Wall. 498-505, in which it is held, in effect, that the comptroller, in deciding when it is necessary to institute proceedings against...stockholders to enforce their personal liability, acts quasi judicially. "These questions are referred to his judgment and discretion, and his determination... | |
| |
It is for the comptroller to decide when it is necessary to institute proceedings against the stockholders to enforce their personal liability, and whether the whole or a part, and if only a part, how much, shall be collected. These questions are referred... 
