Childress v. L. Dinkelspiel Co., Inc.

LANGDON,

Appeal from order granting an injunction to prevent defendants from holding a special meeting for the election of an additional director of the defendant corporation, which additional director had been provided for pursuant to section 361 of the Civil Code. The by-laws of the corporation provided for but five directors and also provided that “the directors shall be elected by ballot at the annual meeting of the stockholders to serve for one year,” etc. It was further provided that “the annual meeting of the stockholders may be held ... on the last business day of the month of December…