State ex rel. Bornefeld v. Rombauer
| Decision Date | 31 March 1870 |
| Citation | 46 Mo. 155 |
| Parties | THE STATE ex rel. BORNEFELD, Appellant, v. ROBERT J. ROMBAUER, Respondent. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court.
Kinealy, for appellant.
Finkelnburg & Rassieur, and Krum & Decker, for respondent.
Relator has an action at law--a complete and adequate remedy--and where a substantial remedy by action at law exists, mandamus does not lie.
This was an application for a mandamus made to the St. Louis Circuit Court by the relator against the respondent as president of the German Publishing Company. The writ recites that the German Publishing Company was organized as a corporation under the statute laws of this State, and that the respondent was president of the corporation and the custodian of its books; that on the 19th day of May, 1869, one August Lenz was a stockholder in said company and owned more than two shares of the capital stock, and was registered as such owner on the books of the company; that afterward, on the day last mentioned, the said Lenz being then and there the owner of said shares, did sell and assign unto the relator all the right, title, and nterest of him, the said Lenz, in and to two of said shares of the capital stock of said company, and did execute and deliver to the relator his bill of sale of said two shares; that afterward, on the 21st day of May, 1869, relator notified the corporation, and the respondent as president, that Lenz had assigned and sold said shares to him, and exhibited to the respondent the bill of sale, and then requested and demanded in writing that the shares should be transferred to him on the books of the company, and that the request was without any good cause refused; and that afterward, at a reasonable time, he demanded access to the books of the company to inspect and examine the same, which demand was also refused. He then prayed for a writ of mandamus to compel the company to make the transfer.
An alternative writ was granted, and upon a return thereof the respondent moved to quash the same, because the matters and things therein set forth were not sufficient to entitle the relator to the relief asked for, or to authorize the issuance of the writ. This motion was sustained, and the relator appealed.
It is very clear that the relator...
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State ex rel. Kelley v. Mitchell
...grant of writ; proper remedy to obtain payment from county for sheriff's posse was in ordinary action); State ex rel. Bornefeld v. Rombauer, 46 Mo. 155, 156-57 (1870) (affirming denial of writ; proper remedy to compel transfer of shares of stock was action on the contract of sale); State ex......
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State ex rel. Wilson v. St. Louis & S. F. Ry. Co.
...... only lies to prevent an irreparable injury, or one which. cannot be redressed at law. Moses on Mandamus, 177; State. ex rel. v. Rombauer, 46 Mo. 155. . . F. H. BACON, for the respondent: The relator's proper remedy in. this matter was an action of mandamus, and ......
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...... Plaintiff chose the proper and only remedy. State ex rel. v. Rombauer, 46 Mo. 155; Trust Co. v. Home Lumber. Co., 118 Mo. ......
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