State Ex Rel. Radio Corp. of America v. Benson

Pennewill, C. J.,

delivering the opinion of the Court:

The plaintiff filed in this Court a petition praying for the' issuance of a peremptory writ of mandumus to the defendant directed, commanding him to forthwith file in the office of the Secretary of State a certain certificate evidencing and embodying a proposed amendment to its Certificate of Incorporation.

The defendant refused to accept and file said certificate because the proposed amendment was adopted in compliance with Section 26 of the general incorporation law of the State (Rgy. Code 1915, § 1940) when, in his opinion, to legally…