Durham v. Monumental Silver Mining Co.

Citations

• 9 Or. 41

Syllabus

<p>Mandamus — Not Allowed where Remedy at Law is Adequate.</p> <p>Mandamus is'not the proper remedy where the plaintiff has a plain, speedy and adequate remedy in the ordinary course of the law.</p> <p>Private Corporations — Rights of Claimants must be Determined by Courts of Law.</p> <p>Where the plaintiff claimed to be the owner of certain shares in a mining corporation by purchase at a sheriff’s sale, which the secretary refused to transfer on the stock book: Held, that mandamus is not the proper remedy, as the plaintiff has an adequate remedy at law by an action against the corporation for the value of the stock claimed.</p> <p>Where it appears that the same stock is claimed by other persons, not parties to the proceedings before the court: Held, that mandamus would not lie to compel the transfer of the stock to the plaintiff.</p>