Magill v. North American Refractories Co.

Marvel, Vice Chancellor:

Plaintiff is the holder of 1,000 shares of the capital stock of the defendant corporation and seeks a statutory review1 of election of directors and officers of the defendant corporation.

The first of the above numbered actions (between plaintiff and the then directors of the defendant corporation) sought a declaratory judgment and injunctive relief against the holding of the scheduled May 1, 1956 annual meeting of stockholders of the corporation at which directors were to be elected. The complaint charged noncompliance with § 219 of Title 8, Del.C. A motion for a…