Kinard

Appeal from the judgment on the judgment-roll alone.

The action was prosecuted under sections 589 and 590 of the Civil Code. These sections, in so far as they relate to the subject matter of this litigation, are as follows:

Defendant questions the sufficiency of the complaint on the ground that it contains no specific allegation of damage. The failure and refusal of the defendant to comply with the statutory requirements above set out is aptly pleaded. The prayer asks for the one thousand dollars’ penalty named in the statute. This is manifestly sufficient. No ease has been called to our attention wherein the exact point has been discussed for the reason, in all probability, that the point is so evidently untenable that it has not heretofore been called to the attention of the appellate tribunal.

Plaintiff as a stockholder made formal written demand upon the defendant, as president of the Socrates Consolidated Mining Company, for an order on the secretary, requiring him to issue the necessary permit and order on “those in charge of the mining property of the Socrates Consolidated Mining Company,” to permit him to visit and examine the mines and mining claims, etc. Defendant…