Lazarus v. Home Building & Loan Ass'n

The opinion of the court was delivered by

Perskie, J.

The challenged decree, setting aside the election of the individually named trustees to liquidate defendant building and loan association and ordering a new election to be held under the supervision of a special master, presents three questions for decision:

1. Did the Court of Chancery have jurisdiction to enter the challenged decree?

2. Did the Vice-Chancellor err in determining the issue on ex parle affidavits?

3. Did the Vice-Chancellor err in determining that the proxies voted were illegal because they were not properly witnessed ?

The…