State v. New York-Mexican Oil Co.

Rodney, J.,

delivering the opinion of the court:

In this case a petition was filed for a writ of mandamus to do two things: (1) to compel the defendant company to transfer on its books the stock in controversy to the name of the relator; and (2) to issue to the relator a new certificate for the shares so transferred.

Before taking up the two objects of the application, it may not be improper to set out some general principles governing the writ of mandamus as existing in Delaware so as to apply them to this case.

In England, prior to the statute of Anne, the writ was a prerogative one, so called…