Legal Opinion

State ex rel. Whiteman v. Chase

Ohio Supreme Court

Decided December 15, 1856PublishedCited by 37 opinions

This is an application for the allowance of a writ of peremptory mandamus. The relators allege that they have organized a'banking association, as a branch of the State Bank of Ohio, at Cincinnati, in Hamilton county, denominated the Cincinnati Branch of the State Bank, which has been found, upon due examination, under the direction of the board of control, to have complied with the provisions of the act to incorporate the State Bank of Ohio and other banking companies,…

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This is an application for the allowance of a writ of peremptory mandamus. The relators allege that they have organized a'banking association, as a branch of the State Bank of Ohio, at Cincinnati, in Hamilton county, denominated the Cincinnati Branch of the State Bank, which has been found, upon due examination, under the direction of the board of control, to have complied with the provisions of the act to incorporate the State Bank of Ohio and other banking companies, passed February 24'th, 1845, and therefore lawfully entitled to commence and carry on the business of banking, at tbe place…

1Opinion of the CourtBartley, C. J.

The following questions have been discussed, and are presented for determination in this case :

1st. Whether the governor can be controlled in his offleial action by the authority of a writ of mandamus from the Supreme Court ?

2d. Whether the authority to form banking companies, in the county of Hamilton, under the act to incorporate the State Bank of Ohio and other banking companies, passed February 24th, 1845, and the amendment thereto passed in 1848, has been exhausted, so that, in case of the failure or surrender of the franchise by some of the companies heretofore organized, new or…

2Cited by37 opinions

  1. Davis v. GraySupreme Court of the United States · 1873
  2. People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
  3. Slack v. JacobWest Virginia Supreme Court · 1875
  4. State ex rel. Maurer v. ShewardOhio Supreme Court · 1994
  5. Harpending v. HaightCalifornia Supreme Court · 1870

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