State Ex Rel. Defiance Spark Plug Corp. v. Brown

By the Court.

This is an action in mandamus and originated in this court. Issue made by demurrer to the petition presents a controversy as to the construction of Section 176, General Code.

The relator, an Ohio corporation, has heretofore been authorized to issue 70,000 shares of stock of no par value. Subsequently it submitted an amendment of its articles of incorporation, increasing the total number of authorized shares from 70,000 to 100,000, and tendered $900, which it asserts is the fee fixed by the statute. The secretary of state refused to accept said amendment, on the ground that the fee…