Dulin

At a meeting of the stockholders of the Pacific Wood and Coal Company, a corporation, held at San Diego, November 17,1892, for the election of five directors for the year then next ensuing, the appellant Clugston was declared elected as one of the directors. The respondent herein claimed that certain votes offered to be cast for himself at the election should have been received, and that if they had been received, the result of the election would have shown that he was elected instead of Clugston. On the 10th of December, 1892, Dulin filed his petition in the superior court of the county of San Diego, under the provisions of section 315 of the Civil Code, making the corporation and Clugston defendants, and praying the court to set aside the election of Clugston as a director, and to confirm the election of himself as such director, and for such other relief in the premises as might seem proper. The matter was heard by the court, and on the 25th of January, 1893, it rendered its judgment that at the said election Dulin was elected one of the directors of the corporation, and that his election be confirmed, and that Clugston was not elected, and had not since the seventeenth day of…