Weyse

This is an appeal by the defendant Biedebach from the same judgment from which the plaintiffs and respondents herein appealed in Weyse v. Biedebach, Civil No. 4596, decided by this court on November 15, 1927, and reported ante, p. 712 [ 261 Pac. 1086 ]. Respondents also appealed from orders relieving Biedebach from default and allowing him to file his bill of exceptions, and settling the same, in this appeal. (Weyse v. Biedebach, ante, p. 712 [ 261 Pac. 1086 ].)

The first point here to be decided is as to whether or not the parties plaintiff were legally empowered to maintain this suit to quiet title. It is contended by appellant, and appears from the record, that on April 21, 1910, the articles of incorporation of the Antioak Leather Company provided for a board of directors consisting of seven members; and that on that date by a resolution of all of its stockholders, it was voted that this number be diminished to five directors, and on the same date by unanimous vote a board of five members was elected, consisting of H. G. Weyse, A. W. Hutton, J. C. Hentzy, W. E. Hutton and Allan Melrose, the five plaintiffs in this suit. At that time the Civil Code, sections 290 and 362,…