Chollar Mining Co. v. Wilson
California Supreme Court
Prohibition to a judge of the Superior Court of the city and county of San Francisco. The petitioner is a mining corporation, organized under the laws' of the State of California on March 11, 1876. By its bylaws, its five directors are annually elected on the third Wednesday in March of each year. At the annual election in March, 1884, certain persons were elected to serve as directors for the ensuing year.
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Prohibition to a judge of the Superior Court of the city and county of San Francisco. The petitioner is a mining corporation, organized under the laws' of the State of California on March 11, 1876. By its bylaws, its five directors are annually elected on the third Wednesday in March of each year. At the annual election in March, 1884, certain persons were elected to serve as directors for the ensuing year. On the 17th of September, 1884, nine persons holding a majority of the capital stock of the corporation presented a petition to the respondent, praying that he issue a notice for a meeting…
1Opinion of the CourtThornton, J.
Application for writ of prohibition. The court is of opinion that this proceeding is well brought by the corporation. As representing the stockholders, it is a party beneficially interested.
The petition addressed to the judge contains the allegation that the signers thereof (nine in number), constituted “ a majority of the shareholders ” of the corporation—the Chollar Mining Company.
*376I am of opinion that the allegation of the petition in this regard is insufficient. It should state the number of the shareholders, so that the court below can see on the face of the petition that the signers do…
2Cases cited1 opinion
- Pulaski County v. Stuart, Buchanan & Co.Supreme Court of Virginia · 1877
3Cited by6 opinions
- Titcomb v. Superior Court of Santa Clara Cty.California Supreme Court · 1934
- Elberta Oil Co. v. Superior CourtCalifornia Court of Appeal · 1925
- Hernández v. HernándezSupreme Court of Puerto Rico · 1913
- Hernández v. HernándezSupreme Court of Puerto Rico · 1913
- Louiel v. VázquezSupreme Court of Puerto Rico · 1913
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