Commonwealth ex rel. Morris v. Stevens

Citations

• 168 Pa. 582
• 32 A. 111
• 1895 Pa. LEXIS 842

Syllabus

<p>Corporations — Quo warranto — Corporate elections — Directors.</p> <p>A stockholder in a corporation who has been elected a director has a standing in quo warranto proceedings to contest the right of other persons to hold the office of director although they were elected at the same meeting at which he himself was elected and his title was not disputed. As a stockholder he has the right to have the votes properly counted, and the affairs of the company committed to the charge of the officers legally elected by a majority of the stockholders.</p> <p>Corporations — Elections—Contestinvolving several offices — ActofJune 14, 1836, sec. 8 — Quo Warranto.</p> <p>Under the act of June 14, 1836, sec. 8, J?. L. 621, giving the court discretionary power to try “ the several rights of different persons” by one writ of quo warranto, the title to different offices may be determined in one writ.</p> <p>Where the offices in controversy are different, but the title of the incumbents as to all of them depends upon the same votes at the same election, and a decision on the validity of that election will be equally conclusive as to the rights of all, the controversy as to all of the offices may be determined by one writ of quo warranto.</p> <p>Where a person holds certificates of stock on which he is prima facie entitled to vote, a preliminary injunction issued before the election, the intention and effect of which were to merely restrain him from negotiating or transferring the stock, will not deprive him of the right to vote the stock at the election.</p>