Hoagland

The petitioners commenced this proceeding in the superior court for a writ of mandate to compel the respondents to deliver the corporation seal, the corporation hooks, the office furniture, money on hand, and all other property of the corporation into the possession of the petitioners. The petition was resisted by the respondents on the ground that the petitioners were not entitled to bring the action because they were not legally elected to the office of directors of the company. All the issues of fact involved were found in favor of the petitioners and a peremptory writ of mandate was issued. From this judgment the respondents have appealed under section 953'a of the Code of Civil Procedure.

The only ground urged on the appeal is that the meeting o'f the stockholders held on November 30, 1923, was not a legal meeting because it had not been called in the manner provided by law. The facts pertinent to this appeal are that a majority of the stockholders of the corporation, having determined the necessity of holding a meeting for the purpose of removing the directors of the corporation, and the officers of the company having refused to call such a meeting, proceeded to make a call…