Commonwealth ex rel. Eberhardt v. Dalzell
Supreme Court of Pennsylvania
Appeal, No. 215, Oct. T., 1892, by plaintiff, from order of C. P. No. 2, Allegheny Co., July T., 1892, No. 410, overruling demurrer. Petition for alternative writ of quo warranto, to determine whether J. H. Dalzell, C. L. Magee, Joshua Rhodes, George B. Hill and Fred. Gwinner were entitled to act as directors of the Pittsburgh, Allegheny & Manchester Traction Company.
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Appeal, No. 215, Oct. T., 1892, by plaintiff, from order of C. P. No. 2, Allegheny Co., July T., 1892, No. 410, overruling demurrer. Petition for alternative writ of quo warranto, to determine whether J. H. Dalzell, C. L. Magee, Joshua Rhodes, George B. Hill and Fred. Gwinner were entitled to act as directors of the Pittsburgh, Allegheny & Manchester Traction Company. From the petition it appeared that at a meeting of the stockholders of the said company held on May 16, 1892, the five respondents were declared elected to the position of directors. One of the candidates for the office of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The right of voting stock at corporate elections is an incident of ownership, to be exercised, of course, in the mode and under the restrictions prescribed by the charter and by-laws; but nevertheless a part of the stockholder’s property, inherent in him by virtue of his title. As said by the present Chief Justice in Tunis v. Hestonville R. W. Co., 30 W. N. 96, “ the right of voting stock is inseparable from the right of ownership. The one follows as a sequence from the other, and the right to vote cannot be separated from the ownership without the consent of…
2Cited by17 opinions
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