Waterbury

This is a proceeding under section 315 of the Civil Code to test the validity of an election of directors by the defendant corporation.

Judgment was for the defendant upon a demurrer to the complaint. The appeal is from the judgment and the record before us appears to consist of the original papers filed in the proceeding in the superior court, made up into, and certified to be, the judgment-roll in the action, together with the original notice of appeal, which bears no acknowledgment of service. We therefore presume that the appeal is intended to be one taken from the judgment by the alternative method, and shall consider the questions presented upon this assumption, no objection being made by the respondents.

At the regular annual meeting of the stockholders of the defendant corporation, held on December 1, 1908, for the purpose of electing seven directors in accordance with the by-laws thereof, plaintiff received the highest number of votes cast for any person, and was therefore one of the seven receiving the highest number of votes. The board of election, however, after announcing the vote as stated, further reported that plaintiff was not qualified under the by-laws to act…