Merrill v. Suffa
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Hon. F. T. Johnson, Judge. .Action in mandamus by George A. Suffa. against N. 0. Merrill, secretary of Tbe Big Five Tunnel, Ore Reduction and Transportation Company, The Maine Mining Company, The Belman Mining Company, The Edgar Consolidated Gold Mining Company, The Columbia Mines Company, The Dew Drop Mining Company, The Ni Wot Mining Company, and The Timberline Mines Company, to compel respondent to give…
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Appeal from the District Court of the City and County of Denver. Hon. F. T. Johnson, Judge. .Action in mandamus by George A. Suffa. against N. 0. Merrill, secretary of Tbe Big Five Tunnel, Ore Reduction and Transportation Company, The Maine Mining Company, The Belman Mining Company, The Edgar Consolidated Gold Mining Company, The Columbia Mines Company, The Dew Drop Mining Company, The Ni Wot Mining Company, and The Timberline Mines Company, to compel respondent to give petitioner access to corporate books. From a judgment awarding a peremptory writ, respondent appeals.
1Opinion of the CourtJustice Campbell
Action in mandamus. The petition for the writ designates the parties as petitioner and respondent, respectively. Where, as here, the writ is invoked for the protection of the purely private right of the applicant, the proceedings may be conducted in the names of the real parties in interest, and, therefore, with equal propriety they might be called plaintiff and defendant — mandamus being, under our cede, regarded as a civil action. — Stoddard v. Benton, 6 Colo. 508; Orman v. People, 18 Colo. App. 302.
The petitioner, a stockholder in each of eight separate and independent corporations,…
2Cases cited14 opinions
- County Commissioners v. KingSupreme Court of Florida · 1869
- Mesmer v. JenkinsCalifornia Supreme Court · 1882
- Atchison, Topeka & Santa Fé Railroad v. Board of CommissionersSupreme Court of Kansas · 1893
- Stoddard v. BentonSupreme Court of Colorado · 1883
- First National Bank v. ValentaCourt of Appeals of Texas · 1902
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3Cited by2 opinions
- Colorado State Board of Examiners of Architects v. District CourtSupreme Court of Colorado · 1952
- Palmer v. DielAppellate Court of Illinois · 1924