American Hardware Corp. v. Savage Arms Corp.

Southerland, Chief Justice:

Plaintiffs are stockholders of the defendant, Savage Arms Corporation, a Delaware corporation. They sought in the court below to restrain Savage from transacting any business at a meeting of stockholders of Savage called for November 15, 1957, except to adjourn it to a date to be fixed by the court. The Chancellor denied relief. Ante p. 10, 135 A.2d 725. He also refused to issue an injunction pending appeal. Plaintiffs appealed, and applied to this Court for such an injunction.

Because the disposition of the application would be in effect a decision on the merits,…