Legal Opinion

Zimmerman v. Kinsey

Appellate Court of Illinois

Decided April 16, 1901Published

Mandamus.—Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in 'the Branch Appellate Court at the March term, 1900.

1Opinion of the CourtJustice Freeman

This is a petition for mandamus to compel appellants, as president and secreta,ry of the National Key Opening Can Company, an Illinois corporation, to permit appellee, as a stockholder of said corporation, to examine its books and accounts. The petition, was granted and the issue of the writ of mandamus was ordered.

The sole error relied upon is that the Circuit Court improperly overruled appellants’ demurrer to the petition, because, as it is said, the petition was insufficiently verified. Conceding that the general rule requires an affidavit and that the affidavit here is insufficient (see…

2Cases cited7 opinions

  1. People ex rel. Green v. Board of CommissionersIllinois Supreme Court · 1898
  2. People ex rel. City of Springfield v. PowerIllinois Supreme Court · 1860
  3. Pudney v. BurkhartIndiana Supreme Court · 1878
  4. Gunning v. SheahanAppellate Court of Illinois · 1898
  5. Shobe v. LuffAppellate Court of Illinois · 1896

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