Freon v. Carriage Co.
Ohio Supreme Court
Application for alternative writ of mandamus. The district court of Hamilton county refused to grant the alternative writ prayed for, and the application is now made to this court for that purpose.
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Application for alternative writ of mandamus. The district court of Hamilton county refused to grant the alternative writ prayed for, and the application is now made to this court for that purpose. There is no denial of the facts stated in the petition, so the question of law presented is, do these facts warrant the issuing of the writ ? The petition, after alleging that defendant is a manufacturing corporation under the laws of Ohio, avers that the plaintiff purchased of a stockholder, a share of stock in the defendant corporation, and received the certificate thereof, duly transferred to…
1Opinion of the CourtJohnson, C. J.
The defendant is a corporation for manufacturing purposes organized under the act of April 12, 1858 (1 S. & O. 301, 304), but is now governed by the provisions of the Revised Statutes relating to private corporations for profits. By section 3254, Revised Statutes, a stockholder is entitled to a certificate of stock, and it is made the duty of the president and secretary to issue the same to 'him. By section 3255, shares of stock are declared to be personal property, subject to levy and sale on execution.
The corporate powers, business and property of the corporation, are vested in a board of…
2Cases cited8 opinions
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Kimball v. Union Water Co.California Supreme Court · 1872
- Weston v. Bear RiverCalifornia Supreme Court · 1855
- Murray v. StevensMassachusetts Supreme Judicial Court · 1872
- Stackpole v. SeymourMassachusetts Supreme Judicial Court · 1879
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