Croake

At the annual meeting of the stockholders, held for the purpose of electing a board of five directors which should manage the corporate business of petitioner, it was developed that two factions among the stockholders were represented, each seeking supremacy in such board. The election was, of course, by ballot, and one faction delivered to the tellers their ballots upon which appeared only three names without any suggestion thereon that such votes should be cumulated. The other faction through their ballots cumulated their votes. Before all of the ballots were delivered and before any were canvassed or an election declared, the teller called attention to the failure of one faction to mark their ballots cumulative, and thereupon those stockholders who had theretofore deposited their ballots with the teller asked to have the same considered as cumulative, or that the same be returned to them for correction. The teller, against the objections of the other faction, returned such ballots to the stockholders who had cast the same and they were so corrected as to show a cumulation of votes for the three names written thereon, and such ballots were returned so corrected to the teller. By…