Foster

The annual meeting of stockholders for the election of directors of the San Francisco & North Pacific Railway Company was called to be held on the twenty-first day of January, 1896. On the 16th of January the plaintiffs herein filed their complaint in the superior court of Marin county against the defendants, in which they prayed for an injunction restraining the defendant, Smith, from casting any vote for directors at said annual meeting upon certain shares of stock, except in accordance with the result of a ballot previously had under the terms of a certain written agreement between him and the plaintiffs, Foster and Markham; and that the defendant railway company and its officers be enjoined from receiving any vote from Smith, except *612 in accordance with said ballot—the agreement being the same which was considered in the case of Smith v. San Francisco etc. Ry. Co., ante, p. 584, just decided. Upon the filing of the complaint the judge of the superior court, on the application of the plaintiffs therefor, made an order directing the defendants to show cause before him on the 18th of January why an injunction as prayed for should not issue pendente lite, and restraining them…