Hunter v. Merger Mines Corp.

Respondent stockholders sued under Section 29-136, I.C.A. to annul a corporate election as invalid, and secure a new one, and the election of three instead of only one director, and inspection of corporate records.

After an extensive hearing, the trial court entered findings of fact, conclusions of law and ordered a new election to be held under the auspices of a special master appointed for that purpose.

Appellants, ancillary to their appeal, sued out an alternative writ of prohibition against respondents and the learned trial judge to stay the ordered election and attendant proceedings. In…