Murray v. Stevens
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus to be issued to the Ware River Railroad Company, Charles A. Stevens, its president, and Otis Lane, its secretary, to compel them to transfer to the petitioner fifty shares of the capital stock of the company.
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Petition for a writ of mandamus to be issued to the Ware River Railroad Company, Charles A. Stevens, its president, and Otis Lane, its secretary, to compel them to transfer to the petitioner fifty shares of the capital stock of the company. The case was reserved by Ames, J., for the eons;deration of the full court on the following agreed statement of facts: “ Prior to filing the petition, the petitioner was in possession of fifty shares of the stock of the Ware River Railroad Company, and while so in possession, claiming to hold it for value, and having a duly authenticated certificate of the…
1Opinion of the CourtAmes, J.
The writ of mandamus is not a writ of right, and is only to be granted at the discretion of the court. The question must always be, not merely whether it is within the power *96of the court to grant it, but whether, as a matter of sc and judicial discretion, upon the special circumstances of the case under consideration, it ought to be granted. Without undertaking tc lay down an invariable rule on the subject, we think it must be said that this process was not intended, and is not well adapted, for the trial of mere questions of property. Where the relator merely seeks to be put in possession of…
2Cases cited2 opinions
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
- HighMichigan Supreme Court · 1847
3Cited by14 opinions
- Hill v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
- Selectmen of Gardner v. Templeton Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- McCarthy v. Street CommissionersMassachusetts Supreme Judicial Court · 1905
- Durham v. Monumental Silver Mining Co.Oregon Supreme Court · 1880
- State ex rel. Lyons v. Bank of ConceptionMissouri Court of Appeals · 1913
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