Jenking v. Osmun
| Decision Date | 24 January 1890 |
| Citation | 44 N.W. 787,79 Mich. 305 |
| Court | Michigan Supreme Court |
| Parties | JENKING v. OSMUN, Secretary of State. |
Petition for mandamus.
Petition by George R. Jenking for a mandamus to compel the secretary of state to record the articles of incorporations of the Detroit Office Device Company. Pub. Acts Mich. 1885 No. 232, is entitled "An act to revise the laws providing for the incorporation of all manufacturing companies except such as are contemplated by Act No. 42 of the Session Laws of 1867, which provides for the incorporation of persons or corporations engaged in the manufacture of salt and mercantile companies, or any union of the two, and to fix the duties and liabilities of such corporations."
George W. Radford and E. F. Conely, for relator.
The relator sets forth in his petition for a mandamus that he is the president of the Detroit Office Device Company, a corporation duly organized on the 14th day of January, 1890, under the provisions of Act No. 187 of the Public Acts of 1875, entitled "An act for the incorporation of manufacturing companies;" that on the 15th day of January, 1890, he, in compliance with the statutes of this state, as president, forwarded the original articles of association to the Honorable Gil R. Osmun secretary of state, for record in his office, and that the secretary refuses to receive or record said articles in his office, and has returned the same to the relator; that the corporation cannot commence business until such articles are recorded in the office of the secretary of state; and prays that a mandamus issue to the secretary of state to compel him to record such articles.
The legislature, by Act No. 232 of the Public Acts of 1885 revised the laws providing for the incorporation of all manufacturing companies except those engaged in the manufacture of salt, and of mercantile companies, or of any union of the two, and fixed the duties and liabilities of such corporations. By section 1 of this act, any number of persons, not less than three, desiring to become incorporated for the purpose of carrying on any manufacturing or mercantile business, or any union of the two, are, upon complying with the provisions of the act, authorized to incorporate. By section 36, Act No. 187 of the Public Acts of 1875 is repealed.
It is claimed in behalf of relator that inasmuch as the amendment to the act of 1875 passed by the legislature in 1881 was declared...
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