Corporations — Election of Directors — Appointment to Fill Vacancy — Action by Stockholder — Construction of Code. — Section 315 of the Civil Code, providing for an action to determine the validity of an election held by any corporate body, has application only to elections which are by the statute authorized to be made by the stockholders, and does not include an appointment made by the directors to fill a vacancy.

Id. — “Election” Distinguished from “Appointment.” — The term “ election” carries with it the idea of a choice in which all who are to be affected with the choice participate, whereas from the word “ appointment ” is understood that the duties of the appointee are for others than those by whom he is appointed. An “ appointment ” is generally made by one or more persons exercising delegated powers, while an “ election ” is the direct choice of all the members of the body from whom the choice is made.

Id. ■—“Corporate Body.” — The “corporate body” referred to in section 315 of the Civil Code is the corporation itself, and not the board of directors.

Id. — Jurisdiction of Superior Court — Successor to District Court — Constitutional Law. — The superior court has jurisdiction, as the constitutional successor of the district court, to entertain proceedings under sections 312 and 315 of the Civil Code, notwithstanding the mention in those sections of the district court of the county or district in which the election is held. Section 11 of article XXII. of the constitution is self-executing, and made all laws applicable to the former judicial system applicable to the judicial system created by the constitution until changed by legislation, and the constitution did not repeal those sections as inconsistent with it, but preserved them in force until changed by legislation.