Kuhbach v. Irving Cut Glass Co.
Supreme Court of Pennsylvania
Appeal, No. 264, Jan. T., 1907, by- defendant, from order of O. P. Wayne Co., March T., 1907, Eo. 99, awarding mandamus in case of John Kuhback v. Irving Cut Glass Company. Petition for mandamus. The facts are stated in the opinion of the Supreme Court. Error assigned was in awarding writ of mandamus.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a mandamus to compel the defendant company, a trading corporation, to permit the relator, a stockholder, to inspect its books and records. The objections of the defendant to the petition, the order of the court, and the form of the writ and its service were well taken and would have to be sustained if they had not been waived. The Act of June 8, 1893, P. L. 345, 3 Purd. (13th ed.) 2424, prescribes the mode of procedure in mandamus proceedings. The petition should contain the jurisdictional facts, and upon its presentation the court should award an…
2Cases cited2 opinions
- Phœnix Iron Co. v. Commonwealth ex rel. SellersSupreme Court of Pennsylvania · 1886
- Cobb v. Lagarde & SonsSupreme Court of Alabama · 1900
3Cited by29 opinions
- State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
- Hagy v. Premier Manufacturing Corp.Supreme Court of Pennsylvania · 1961
- Machen v. Machen & Mayer Electrical Mfg. Co.Supreme Court of Pennsylvania · 1912
- Hodder v. George Hogg Co.Supreme Court of Pennsylvania · 1909
- Goldman v. Trans-United Industries, Inc.Supreme Court of Pennsylvania · 1961
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