Ayers v. General Hospital, Inc.

GIVENS, Justice.

Appellant, as plaintiff, alleged he was bringing suit for and on behalf of himself and all citizens of Grangeville; and all stockholders of the General Hospital, Inc., one of the named defendants, but without alleging he had made demand upon the corporation to act, or that it had failed, refused or neglected to do so, or that such' demand would have been futile, Wunderlich v. Coeur d’Alene Vulcan Mining Co., 40 Idaho 173, at page 177, 232 P. 588, 39 A.L.R. 1052; Morton v. Morton Realty Co., 41 Idaho 729, 241 P. 1014; — an unexplained hiatus — sued for a declaratory judgment,…