Legal Opinion

State ex rel. Guerrero v. Pettineli

Nevada Supreme Court

Decided April 15, 1875No. 704PublishedCited by 5 opinions

The facts are stated in the opinion. I. The by-laws of the company vest the power to call meetings in the board of trustees, and, by necessary implication, withhold this power from the president. It follows, therefore, that the call for a meeting by the president was irregular, the meeting was without authority, and the election, if any was held, ivas void. (Ang. & Ames on Corporations, Sees. 488, 489, 491, 492, 495.) II.

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The facts are stated in the opinion. I. The by-laws of the company vest the power to call meetings in the board of trustees, and, by necessary implication, withhold this power from the president. It follows, therefore, that the call for a meeting by the president was irregular, the meeting was without authority, and the election, if any was held, ivas void. (Ang. & Ames on Corporations, Sees. 488, 489, 491, 492, 495.) II. There was no election: there was no inspectors or tellers appointed, no stock was exhibited, the number of shares was not ascertained, the names of candidates were not…

1Opinion of the Court

By the Court,

EARLL, J.:

This is an information in the nature of a quo warranto originally brought in this Court, to determine the title of respondents to the office of trustees of the Homan Capital Gold and Silver Mining Company.

It appears from the pleadings and evidence that the Homan Capital Gold and Silver Mining Company was incorporated under the laws of this State, and organized on or about the 15 th day of November, 1872; that Antonio Sitaro (one of the respondents herein), Nicolo Soffia and the relator, were selected as the trustees to manage the .concerns of .the corporation for the…

2Cases cited4 opinions

  1. Stow v. WyseSupreme Court of Connecticut · 1828
  2. In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
  3. Ex parte WillocksNew York Supreme Court · 1827
  4. Bercich v. MaryeNevada Supreme Court · 1874

3Cited by5 opinions

  1. In re the Election of Directors of the Argus Printing Co.North Dakota Supreme Court · 1891
  2. Grant v. ElderSupreme Court of Colorado · 1917
  3. People ex rel. Probert v. RobinsonCalifornia Supreme Court · 1883
  4. Di Silvestro v. Sons of Italy Grand LodgeNew York Supreme Court · 1927
  5. People ex rel. Carus v. MatthiessenAppellate Court of Illinois · 1915

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