Durham v. Monumental Silver Mining Co.
Oregon Supreme Court
Appeal from Multnomah County. The facts are stated in the opinion. Contend, first, that respondent is not entitled to the extraordinary remedy by writ of mandamus, for the reason that he has a plain, speedy and adequate remedy at law.
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Appeal from Multnomah County. The facts are stated in the opinion. Contend, first, that respondent is not entitled to the extraordinary remedy by writ of mandamus, for the reason that he has a plain, speedy and adequate remedy at law. (Civil Code, section 583; High on Extraordinary Legal Remedies, section 313; Angelí and Ames on Corporations, section 710; Kimball v. Union Water Co., 44 Cal., 173.) Second, that, originally, the writ of mandamus was a prerogative writ, in contradistinction to a writ of right, and only issued .against officers of the crown, and now it only issues in matters of…
1Opinion of the Court
By the Court,
Lord, C. J.:
This is an application for a writ of mandamus to compel the transfer of certain shares of stock upon defendant’s books. The plaintiff purchased shares of stock at an execution sale against H. C. Paige, received a certificate to that effect and presented it to the defendant and demanded a transfer to the plaintiff of the said stock on the books of the company, which demand was refused.
At the time of the commencement of the action, which resulted in the judgment, execution and sale, the stock was attached, and then was, and ever since has been, on the books of the…
2Cases cited10 opinions
- American Asylum at Hartford v. President of the Phoenix BankSupreme Court of Connecticut · 1822
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
- HighMichigan Supreme Court · 1847
- Kimball v. Union Water Co.California Supreme Court · 1872
- Murray v. StevensMassachusetts Supreme Judicial Court · 1872
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3Cited by13 opinions
- Dooley v. Gladiator Consolidated Gold Mines & Milling Co.Supreme Court of Iowa · 1906
- State ex rel. Burg v. Milwaukee Medical CollegeWisconsin Supreme Court · 1906
- State v. New York-Mexican Oil Co.Superior Court of Delaware · 1923
- State ex rel. Lyons v. Bank of ConceptionMissouri Court of Appeals · 1913
- In re Von KleinOregon Supreme Court · 1913
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