Legal Opinion

State ex rel. Bergenthal v. Bergenthal

Wisconsin Supreme Court

Decided October 9, 1888PublishedCited by 15 opinions

APPEAL from the County Court of Milwaukee County. The case is sufficiently stated in the opinion. To the point that at common law the right of a stockholder to examine the books of a corporation depended upon his ability to show to the court to which application was made that a special occasion had arisen which rendered it proper that he should have an opportunity to make such an examination in order to enable him to perforin duty which devolved upon him as a stockholder,…

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APPEAL from the County Court of Milwaukee County. The case is sufficiently stated in the opinion. To the point that at common law the right of a stockholder to examine the books of a corporation depended upon his ability to show to the court to which application was made that a special occasion had arisen which rendered it proper that he should have an opportunity to make such an examination in order to enable him to perforin duty which devolved upon him as a stockholder, they cited Taylor on Ev. sec. 1316; Bex v. Merchant Tailors Go. 2 B. & Ad. 115; Imp. Gas Go. v. Ciarle, 7 Bing. 95;…

1Opinion of the CourtTaylor, J.

The relator, August Bergenthal, filed his petition in the county court of Milwaukee county, asking that an alternative writ of mandamus be issed out of that court, directed to William Bergenthal, requiring him to permit the said relator to have inspection of and to examine certain books of the “ William Bergenthal Company.” The court issued the alternative writ, and thereupon William Bergenthal appeared and moved to quash the writ on the ground that there is a defect of parties defendant, and on the ground that the facts stated in the affidavit- do not show a sufficient cause for granting the…

2Cases cited7 opinions

  1. People ex rel. Muir v. ThroopNew York Supreme Court · 1834
  2. State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
  3. Fullerton v. SpringWisconsin Supreme Court · 1854
  4. Laude v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
  5. Smith v. SmithWisconsin Supreme Court · 1865

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3Cited by15 opinions

  1. Matter of SteinwayNew York Court of Appeals · 1899
  2. Stone v. KelloggIllinois Supreme Court · 1897
  3. Wisconsin Gas & Electric Co. v. City of Fort AtkinsonWisconsin Supreme Court · 1927
  4. State Ex Rel. G. M. Gustafson Co. v. Crookston Trust Co.Supreme Court of Minnesota · 1946
  5. State ex rel. McClure v. Malleable Iron Range Co.Wisconsin Supreme Court · 1922

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