Costello v. Thomas Cusack Co.

The bill in this cause was filed for various purposes, including a prayer that it be decreed that certain amendments to the certificate of incorporation, submitted for adoption by the stockholders be declared ultra vires, null and void, and for an injunction. On the filing of the bill an order to show cause was granted, including a restraint against voting in favor of the passage of a resolution adopting the amendments and executing certificates for the amendments and filing of the same with the secretary of state. The amendments attacked are as follows:

"1. No person shall be eligible to…