Bowen v. Creighton
WALTER M. BOWEN, Etc., Appellant, v. E. A. CREIGHTON Et Al., Respondents
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of the City and County of San Francisco
- Trial judge
- Frank J. Murasky
- Outcome
- reversed — Reversed.
- Area
- civil
- Panel
- Frank H. Kerrigan (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Kerrigan
KERRIGAN, J.
This is an appeal by petitioner from a judgment in a special proceeding prosecuted under the provisions of sections 312 to 315 of the Civil Code, to annul and *798 set aside an election of officers of the defendant corporation held in the month of December, 1919.
[1]
The facts in this case and the case of Powers v. Marine Engineers’ Beneficial Assn., etc., et al., ante, p. 551, [199 Pac. 353], are substantially the same, and the points raised in this case are disposed of by what we have said in the last named case, except as to respondent Thomas Healey, who in the election of officers in the year 1919 was elected for a term of five years. It follows from what we have said in the case of Powers v. Marine Engineers’ Beneficial Assn.
that the election for the year 1919 was void, and that there should be a new election to fill the office now held by said respondent Healey.
The judgment is reversed.
Richards, J., and Waste, P. J., concurred.
A petition for a rehearing of this cause was denied by the district court of appeal on June 4, 1921, and a petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on July 5, 1921.
All the Justices concurred, except Shurtleff, J., who did not vote.
Cites, in this corpus
- Powers v. Marine Engineers' Beneficial Ass'n No. 35 Civ. No. 3778. · 1921-05-06