Overton

Plaintiff, a stockholder in a mining corporation having its principal place of business in California but the mining property of which was situated in the state of Texas, brought this action against the directors of the company for the purpose of recovering from them the sum of two thousand dollars, damages alleged to have been sustained by him by reason of the failure of said defendants to have posted in "the office of said company on the second Monday in each month during a certain period an itemized account or balance sheet, verified under oath by the president and secretary of the corporation, and for their removal from office.

Defendants demurred to the complaint for lack of facts, and also moved to strike out certain portions thereof. Said motion was in part granted and the demurrer sustained without leave to amend; whereupon judgment was entered for the defendants for their costs, and plaintiff appeals.

In support of the judgment it is argued that the demurrer was properly sustained, for the reason that section 588 of the Civil Code, wherein are incorporated the ¿requirements for noncompliance with which the defendants are made the subject of complaint, has no application…