Dulin

Upon further consideration of this case in Bank, we are satisfied with the opinion rendered in Department, and, with the conclusion therein reached, and for the reasons given in said opinion, the judgment is affirmed. Fitzgerald, J., McFarland, J., Van Fleet, J., Garoutte, J.

Beatty, C. J , dissented.

*360 The following is the opinion above referred to, rendered in Department One on the 27th of February, 1894.

Plaintiff had judgment, and the defendants appeal therefrom upon the judgment-roll.

This proceeding was brought under section 315 of the Civil Code, to set aside the election of B. D. Clugston, one of the defendants, as a director of the defendant corporation, and to confirm the election of plaintiff as such director. Clugston answered, and also filed a cross-complaint, to which plaintiff filed an answer.

The findings cover eight or nine -pages of the transcript, but may be summarized as follows:

The Pacific Wood and Coal Company is a corporation having a capital stock of $10,000, divided into 100 shares of $100 each. G. A. Garretson and the members of his family owned 69 shares of said stock, all of which he controlled. Defendant B. D. Clugston owned 25 shares, J. S.…