Wood

By the evidence introduced upon the hearing of this motion, it abundantly appears that the defendant Hambly, arid his associates, were at the last annual meeting of the Mountain Lake Water Company, elected trustees of that Company, and that defendants Hambly and Stemtt were respectively elected President and Secretary thereof. Whether or not this- election was valid, or was legally conducted, cannot be determined in this action. But its having taken place, been declared, and the trustees and officers having been installed into office, and entered upon the performance of their duties, they must be regarded as the defacto officers of the corporation, until by a direct proceeding to determine the officers, etc., de jure, it shall be held otherwise arid they be ousted.

By the injunction in this action the defendants are restrained from doing certain things, which, for all that appears, may be incumbent upon them to do as officers of the corporation. The allegations of the complaint are, and the injunction order was made upon the supposition* that the defendants were not the de facto officers of the corporation, but wrongdoers, ¡pretending to act as the officers, in violation of the…