Chollar Mining Co. v. Wilson

Citations

• 66 Cal. 374
• 5 P. 670
• 1885 Cal. LEXIS 445

Syllabus

<p>Corporations—Removal op Officers—Jurisdiction of Superior Court.— Proceedings under the act of March 21, 1872, for the removal of the officers of a corporation, are special, and to invest the Superior Court with jurisdiction, the requirements of the act must he complied with, and it must so-appear upon the face of the record, otherwise the court has no jurisdiction to proceed.</p> <p>Petition for Removal—Majority op Shareholders.—In such proceedings the petition for the removal of the corporate officers must be signed by a majority of the shareholders; a signing by the holders of a majority of the stock is not sufficient,</p> <p>Id.—Prohibition—Corporation May Maintain.—A writ of prohibition to prohibit the court from further proceeding in the matter of the removal of such officers may be brought in the name of the corporation. As representing the stockholders, it is a party beneficially interested.</p>