Legal Opinion

Wright v. Commonwealth

Supreme Court of Pennsylvania

Decided October 5, 1885No. 302PublishedCited by 8 opinions

Error to the Court of Common Pleas of Luzerne county : Of January Term 1885, No. 302. Quo warranto, by the Commonwealth ex rel. H. A. Fuller et al. against George R. Wright, Isaac Long, George H. Parrish, Sheldon Reynolds and William M. Miller, to ascertain by what right the said respondents act as directors of the Wilkes-Barre Electric Light Company.

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Error to the Court of Common Pleas of Luzerne county : Of January Term 1885, No. 302. Quo warranto, by the Commonwealth ex rel. H. A. Fuller et al. against George R. Wright, Isaac Long, George H. Parrish, Sheldon Reynolds and William M. Miller, to ascertain by what right the said respondents act as directors of the Wilkes-Barre Electric Light Company. The facts were as follows : The said company was incorporated under the General Corporation Act of April 29th, 1874. Its by-laws provided, inter alia, that “ the regular annual meeting of the stockholders shall be held on the first Wednesday of…

1Opinion of the CourtJustice Paxson

This record presents the single question whether where an election is held for seven directors of a private corporation created under the Act of 1871, at which the cumulative plan of voting is employed, and five only, composing a legal quorum, of the candidates receive a plurality of votes, is such ■election valid as to the five so chosen ?

It is not denied that the election was regularly and legally ■held on the day appointed by the charter; nor that the votes were properly counted. When, however, the result was made •known, the stockholders’ meeting had been adjourned,' and it was found that…

2Cases cited3 opinions

  1. People v. RunkelNew York Supreme Court · 1812
  2. In re Union InsuranceNew York Supreme Court · 1840
  3. In re the Excelsior Fire InsuranceNew York Supreme Court · 1862

3Cited by8 opinions

  1. Bruun v. CookMichigan Supreme Court · 1937
  2. Walsh v. State ex rel. CookSupreme Court of Alabama · 1917
  3. Pennington v. George W. Pennington SonsCalifornia Court of Appeal · 1915
  4. White v. Thatcher Financial Group, Inc.Colorado Court of Appeals · 1996
  5. Appeal of Fidelity Trust Co.United States Board of Tax Appeals · 1926

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