People ex rel. Bishop v. Walker
Michigan Supreme Court
Motion for a mandamus, based upon the following affidavit : “ State of Michigan: County of Oakland, ss. Ebenezer Bishop, of the township of Munday, in the county of Genesee, in the said State, being duly sworn, deposes and says, that the Flint and Fentonville Plank Road Company is an existing corporation, and which was formed and organized under and by virtue of an act of the Legislature of the State of Michigan, entitled “An Act to incorporate the Flint and Fentonville…
Read the full summary
Motion for a mandamus, based upon the following affidavit : “ State of Michigan: County of Oakland, ss. Ebenezer Bishop, of the township of Munday, in the county of Genesee, in the said State, being duly sworn, deposes and says, that the Flint and Fentonville Plank Road Company is an existing corporation, and which was formed and organized under and by virtue of an act of the Legislature of the State of Michigan, entitled “An Act to incorporate the Flint and Fentonville Plank Road Company,” approved April 3, 1848, and which company was established under and by virtue of said act, and now…
1Opinion of the Court
Martin Ch. J.:
While in the absence, of any statutory provision to that effect, a corporator may, at the common law, have a mandamus to compel the cusios of corporate records and documents to allow him an inspection of them, yet to entitle himself to the aid of the court, he must show that he has made a proper demand upon the custos, at a proper time and place, and for a proper reason, and has been refused. I have examined all the cases to which we have been referred, and can find none where the writ was granted to enable a corporator to gratify idle curiosity. The principle seems to be, and…
2Cited by18 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- Nowack v. Auditor GeneralMichigan Supreme Court · 1928
- Brewer v. WatsonSupreme Court of Alabama · 1882
- State ex rel. Weinberg v. Pacific Brewing & Malting Co.Washington Supreme Court · 1899
- Ellsworth v. DorwartSupreme Court of Iowa · 1895
13 more not listed; retrieve them via the Exa API.