Mahl

The petitioner applied to E. A. Portal Co., a corporation, and C. A. Budd, its secretary, to have a certificate of stock transferred on the books of the corporation, the respondents refused to make the transfer, and the petitioner has applied to this court for a writ of mandate directing the respondents to make the transfer. The parties stipulated as follows:

In Cook on Corporations, sixth edition, section 391, the author said: 1 £ This (remedy by suit in equity) is the surest, most complete, and most just remedy for compelling a corporation to register a transfer of stock, and for adjusting the various conflicting rights or claims of other parties. It is a remedy applicable to almost all cases arising under a refusal of the corporation to allow a registry of transfer. The ease will be decided on equitable principles, however; and a transfer will not be decreed if it involves bad faith. The corporation itself is of course a necessary and in fact the chief defendant where stock has been presented for transfer, which has '.,ee"> refused. In a suit in equity by the claimant of stock against other parties, claiming the stock, the corporation is a proper but not a necessary party…