| N.C. | Feb 5, 1899
The facts here are the same as in Bryan v. Patrick, ante, 651. The defendant was elected State's proxy by the new board in February, 1899. This action is brought to restrain him from attempting to represent the State in the stockholders' meetings or interfering with the present State's proxy in any manner.
In Bryan v. Patrick we have held that the new board was without authority to act in the premises and could not legally elect the defendants.
REVERSED.