[DOWNLOAD] "State v. State Bank of Moore Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State v. State Bank of Moore Et Al.
- Author : Supreme Court of Montana
- Release Date : January 30, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Mandamus ? Banks ? Inspection of Books by Stockholders ? Statute ? Constitutional Law ? Special and Discriminatory Laws ? National Banks ? Internal Affairs Subject to Control by Congress ? Common Law ? Pleading ? Motion to Quash in Effect Demurrer. Mandamus ? Motion to Quash in Effect Demurrer. 1. A motion to quash an alternative writ of mandate operates as a demurrer and, therefore, admits the truth of all facts alleged in the application; hence can raise no question of fact. Same ? Facts Constituting Defense ? Pleading. 2. The rule that essential facts constituting a defense in mandamus proceedings and raising questions triable by jury or court must be pleaded by answer, applies only when such facts are not disclosed upon the face of the petition or affidavit. Same ? When Petition Demurrable. 3. Where the petition or affidavit for writ of mandate discloses facts on its face which defeat petitioners alleged right, the pleading is subject to demurrer. Same ? When Writ Lies. 4. Mandamus lies only to compel the performance of a clear legal duty. Same ? Banks and Banking ? Stockholders ? Inspection of Books ? Contents of Petition for Writ. 5. A stockholder in a state bank who seeks to compel officers of the bank to permit inspection of the banks books and records, proceeding under section 108 of Chapter 89, Laws of 1927, which grants such right as to the general statement book showing the banks general assets and liabilities, excluding others, must in his petition for a writ of mandate allege that the books and records enumerated in his demand do not contain information proscribed by the Act. Same ? Inspection of Bank-books ? Motion to Quash ? Court may Interrogate Officer of Bank as to Nature of Books. 6. In a mandamus proceeding of the character of the above, the trial court may properly, on motion to quash the alternative writ, where it is in doubt as to the nature of the records sought to be