Leach v. Davy
Michigan Supreme Court
Certiorari to Osceola; Lamb, J., presiding. Mandamus by Elmer Leach to compel Vernal R. Davy and another to produce certain corporate files for inspection. From an order granting the writ, defendants bring certiorari.
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Certiorari to Osceola; Lamb, J., presiding. Mandamus by Elmer Leach to compel Vernal R. Davy and another to produce certain corporate files for inspection. From an order granting the writ, defendants bring certiorari. On motion to remand for further hearing on account of changed conditions: Relator set up in his petition for the writ of mandamus that he is a shareholder, director, and vice president of the American Logging Tool Company, a Michigan corporation, having its principal place of business at Evart, Mich., and that on March 6, 1917, he applied at the office of the company to…
1Opinion of the Court
Ostrander, j.
(after Stating the facts). In the mandamus proceeding relator relies upon a common-law right, and, assuming the right exists and was violated, mandamus is the proper, if not the only, adequate remedy. The right to the remedy was in the court below, and is here, based upon the theory that a director of a private business corporation has an unqualified right to the inspection of the books and papers and correspondence of the corporation. And it is insisted for relator that the point should be decided upon the record made in the court below; at least, that relator’s right to the…
2Cases cited5 opinions
- Machen v. Machen & Mayer Electrical Mfg. Co.Supreme Court of Pennsylvania · 1912
- People ex rel. Leach v. Central Fish Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Heminway v. HeminwaySupreme Court of Connecticut · 1890
- People ex rel. Althause v. Giroux Consolidated Mines Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Althause v. GirouxAppellate Terms of the Supreme Court of New York · 1907
3Cited by2 opinions
- State Ex Rel. Paschall v. ScottWashington Supreme Court · 1952
- Slay v. Polonia Publishing Co.Michigan Supreme Court · 1930