110 Mass. 95 | Mass. | 1872
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
As this case is presented, we must infer that it would not be a difficult matter for the petitioner to obtain a title, by purchase, to fifty other shares in the corporation, and thereby to acquire rights of membership equivalent to those which he seeks to vindicate by this process ; and that this is not a case in which the possession of the identical fifty shares referred to in the petition is necessary or important. The case therefore falls within the rule laid down in the decisions above cited. The petitioner would be fully indemnified in an action for damages, and has no occasior to resort to the remedy by mandamus. Petition dismissed.