State ex rel. Stevenson v. Stephens
Supreme Court of Missouri
Mandamus. (1) Mandamus will lie to compel the performance of ministerial duties. Such duties need not be specifically stated in the law. It is sufficient if they are imposed by implication from a fair and reasonable construction of the law.
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Mandamus. (1) Mandamus will lie to compel the performance of ministerial duties. Such duties need not be specifically stated in the law. It is sufficient if they are imposed by implication from a fair and reasonable construction of the law. People v. Green, 64 N. Y. 499; Merrell on Mandamus, sec. 13. (2) There is no legal reason for the treasurer to retain money which does not belong to him, and which was paid to him in order to put the securities offered in the condition contemplated by the law. (3) The fund in the hands of the respondent having undoubtedly earned interest since respondent…
1Opinion of the CourtMaceablane, J.
The Guarantee Investment Company of Nevada is a corporation organized under the laws of the state as a bond investment company, and prior to July 19, 1893, was engaged in selling bonds and debentures on the partial payment or installment plan.
By an act of the general assembly of the state, approved April 21, 1893 (Acts of 1893, page 121), such companies were required to “deposit with the state treasurer, in cash -or securities approved by the state treasurer, the sum of $100,000, for the protection of the investors in such bonds, certificates or debentures.” A failure on the part of such…
2Cited by5 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Morrill v. American Reserve Bond Co. of KentuckyU.S. Circuit Court for the District of Western Missouri · 1907
- State ex rel. Olson v. JorgensonNorth Dakota Supreme Court · 1915
- Mallory v. BarreraSupreme Court of Missouri · 1976
- Mallory v. BarreraSupreme Court of Missouri · 1976