34 Minn. 135 | Minn. | 1885
The only matter in issue is the validity of the election of respondents as directors of the Mississippi & Bum Biver Boom Company, at the annual meeting of stockholders, for the election of directors, on the first Tuesday in April, 1885. The relators
At a valid meeting of stockholders, if no contrary rule is established by the charter or by-laws, a majority of those voting prevails. Those who have an opportunity to vote, and refrain, though they have a majority of the stock, must be held to acquiesce in the result of the votes actually cast. A stockholder, not voting, cannot get relief from the courts if he voluntarily refrained from voting, if he hafl an opportunity, and his claim of right to vote was not excluded. In this position stands Dudley, the representative of the Dorr stock, and those who acted with him. He did not offer to vote, nor properly present his claim of right to do so. There were no tellers or inspect-
Judgment for respondents.
Dickinson, J., was absent and took no part in this case.