28 S.D. 24 | S.D. | 1911
This action was brought by L• H. Amidon, as plaintiff in the court below, for a writ of mandamus to compel the Florence Farmer’s Elevator Co., a domestic corporation as defendant, to transfer on the books of said corporation certain shares of stock which said plaintiff purchased and had assigned to him, and to permit plaintiff to participate as a stockholder in the management of the affairs of said company. The .plaintiff’s petition for mandamus, among other things, alleged that at the time of the incorporation of defendant two certain certificates of stock, rep
The only question presented by the record for determination on this appeal is whether or not mandamus is a proper remedy to compel the transfer of said shares of corporate stock on the books of the company by the secretary of said corporation, and the refusal of said corporation to permit plaintiff, as a stockholder, to participate in the management of the corporation affairs. We are of the opinion that where there has been a bona fide transfer of corporate stock by indorsement, where there are no questions to be litigated concerning the title, ownership, or right to transfer, and where it is a pure legal right that is withheld or denied the holder of such stock, mandamus will lie under
The order appealed from is reversed.