Baker v. Marshal
Supreme Court of Minnesota
The plaintiff applied to the district court for Ramsey county for a writ of mandamus, to be directed to ¥m. R. Marshall, president, Peter Berkey, treasurer, and ¥m. H. Kelley, secretary of the St. Paul Bridge Company, commanding them to issue to the plaintiff certificates for 17i[-shares of the capital stock of said company. An alternative writ of mandamus was granted.
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The plaintiff applied to the district court for Ramsey county for a writ of mandamus, to be directed to ¥m. R. Marshall, president, Peter Berkey, treasurer, and ¥m. H. Kelley, secretary of the St. Paul Bridge Company, commanding them to issue to the plaintiff certificates for 17i[-shares of the capital stock of said company. An alternative writ of mandamus was granted. The affidavit or information upon which the writ was granted, stated, among other things, that the plaintiff subscribed 85000 to the capital stock of the company, the same being for 50 shares of $100 each; that he paid to said…
1Opinion of the CourtMcMillan, J.
By the Oourt So far as the paper books before us show, the court below made no findings upon the issues of fact presented by the affidavit and answer, but awarded the writ of mandamas upon the pleadings. In determining the case therefore, we must assume the truth of the defendants’ answer, and if upon the facts stated therein the plaintiff is not entitled to the writ, the judgment appealed from must be reversed.
The first point made by the appellant is, that mandamus will not lie.
The answer of the defendants shows that the Bridge Co. have already issued certificates of stock to Claytor for…
2Cases cited4 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- American Asylum at Hartford v. President of the Phoenix BankSupreme Court of Connecticut · 1822
- Kortright v. Buffalo Commercial BankNew York Supreme Court · 1838
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
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- Birmingham Fire Insurance v. Commonwealth ex rel. KuehneisenSupreme Court of Pennsylvania · 1879