Hanks v. Borelli

MOLLOY, Judge.

Appellee, Chief Consolidated Mining Company, was originally incorporated under the laws of the Territory of Arizona in 1909, for a period of twenty-five years. In 1912, when the Constitution of the State of Arizona became effective, cumulative voting was made mandatory. Art. 14, § 10. Corporate existence was renewed in 1934 and again in 1958, pursuant to law (now A.R.S. § 10-151).

This is a declaratory judgment action to determine whether, as a matter of law, the cumulative voting provision of the Constitution applies to elections of directors of Chief Consolidated Mining…