Mueller v. Merz

(on motion for rehearing). Upon rehearing, we have considered the propriety of a third person’s raising the question of the legal sufficiency of the notice of a special stockholders’ meeting under sec. 180.24, Stats.

The broad principle of corporation law involved is that defects as to notice of a stockholders’ meeting may not be taken advantage of except by the corporation itself or its shareholders. This is a principle that may be extracted from Perfex Radiator Co. v. Goetz (1923), 179 Wis. 338, 191 N. W. 755, and Lutheran T. Congregation v. St. Paul’s English E. L. Congregation (1914), 159…