American Railway-Frog Co. v. Haven
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus, heard by Wells, J., and reserved for the consideration of the full court as follows: “ This was a petition brought in the name of the American Railway-Frog Company, (a corporation duly organized under the laws of this Commonwealth,) and signed 1 American Railway-Frog Co., by D. N. Pickering, President,’ praying this court to issue its writ of mandamus, declaring Otto Cuntz to have been duly elected clerk of said corporation and of its board…
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Petition for a writ of mandamus, heard by Wells, J., and reserved for the consideration of the full court as follows: “ This was a petition brought in the name of the American Railway-Frog Company, (a corporation duly organized under the laws of this Commonwealth,) and signed 1 American Railway-Frog Co., by D. N. Pickering, President,’ praying this court to issue its writ of mandamus, declaring Otto Cuntz to have been duly elected clerk of said corporation and of its board of directors, Charles S. Lincoln, Daniel N. Pickering, Alonzo Bridges, Otto Cuntz, Isaac M. Cate, James Power, and Edward…
1Opinion of the CourtAmes, J.
This petition raises three questions: 1st. Were Otto Cuntz and the five others, whose names are joined with his, duly elected at the annual meeting of the company to the offices which are claimed for them respectively? 2d. If they *402were so elected, will mandamus lie for the purpose of compelling these respondents, who claim the same offices, to give up the books and papers of the company in their possession? 3d. If mandamus will lie, are the circumstances of the case of such a character that the court, in the exercise of a sound judicial discretion, ought to direct the issue of that writ.
The…
2Cases cited4 opinions
- People ex rel. Muir v. ThroopNew York Supreme Court · 1834
- Fuller v. Trustees of the Academic School in PlainfieldSupreme Court of Connecticut · 1827
- Conlin v. AldrichMassachusetts Supreme Judicial Court · 1868
- In re White River BankSupreme Court of Vermont · 1851
3Cited by37 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
- Dupee v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1873
- Longyear v. HardmanMassachusetts Supreme Judicial Court · 1914
- Lawrence v. I. N. Parlier Estate Co.California Supreme Court · 1940
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