Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-06-08

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In that case the court further sal,
we know of no other speedy an
adequate means by which he (relato
may be placed in the enjoyment ,
the right which he claims. -
All of which may properly be sal
OF the case at bar and are app'icabl
thereto.
On the above authorities and fc
the foregoing reasons we denied th
motion of respondent to dismiss thi
proceeding.
Inc case was continued to the 1911
Gay OF May at 10 clock A. n. for TIN
purpose OF hearing any competen
evidence either party might offer anc
iof argument by counsel. o.: TIA
day, the evidence being closed, ane
oral arguments made by counsel O
ehe respective parties, the case wa.
submitted to the court and time was
given for the filing of briefs.
The principal questions to be de.
termined are:
FIRST, Has the relator, Joseph R
Ryan. the legal right to the position,
OF superintendent of the Hale & Nor
cross Silver Mining Company? Sec
ond, And if he has, is the respondent
ulIawtully precluding him from the
enjoyment OF such Hghto
Although this court has no ;,;o
o'ct'on over the said corporation il,
thlS ease, 1t has jurisdiction over the
parties herein, and, so far as naces
sary to determine the controversies
arising il, this case between So;d
parties, II has the right to and will
inquire into the power of said corno-
alton and of its officers and STOCK
holders under the laws of the State Of
California, and review their acts and
pass upon the question of their VAL
dity.
On the 10th and 18TH davs ofI
March, 1897, meetings of stockhoId
RS ot SAID Company were held at tba
'ftlce Of said Company in Room ofI
ne San Francisco Stock Excha,,oa
ouildlng' 33I Pine Street, in the |
lily and County San Francisc State
u California, for the purpose ofI
ieCting seven Directors of said
-ompany for the ensuing wear &C
uccessors OF the Directors who b,d
'een elected on the 10th dav Of
I'roh' 1896 On the dav next he
oTe 'h> meeting of the 10th dav Of
Ia5ch, Hr, Lynch, then Director
"' president of the Company, re.
'3'1td 18th offices and NJ. " Fo, |;
as elected in his stead, bv tho
oalo Oh Directors as Director and
PRESIDENT of the Company.
he bylaws of said Con,n.,,,.
'N Inc President shall preside
ali meetings of the Trustees and
the stockholders. He Shall have
ie casting vote at all MEETINGS Of tha +
ockhoideIs and Trustees " ,rba c
g-laWs do not specify any other
overs OF the President respect;n. II.
lie meetings of the Trustees ~ ae !;
le stockholders. +
lhe meeting Of the 10th dav of t
arch. At that meeting of stock, !
'lders. NJ, W Fox, the President a"
Ok the chair, called the meet;uo 70 <
DER and directed the Secretar, Of the IL
'mpany, r. [. Collins, to .,ca1l tne h
Il and let it be known how 81
uch stock and proxies are here an :, -
1oll call. " The roll was called aud c,
e Secretary announced the result il
"l'; Total representation, S.
o7S Shares; I4,765 claimed by Mr. N
aySon In person: 6s,s53H by m
'Ay; 1880 shares of stock" Uno, til
: SAID announcement by the secre. er
y W. L. Baggett, Esq, acting as pa p.
attorney of the President, Mr. Fox 70
the corporation, asked R r lie.
ayS son several questions as to his WI
''srsnip OF the stock he repres- ca ca
eo' W. f, F. Deal, Esq. acting tI, ~
'he attorney of r. r. Gravson and K.
greater portion of the stockhold- ad
) advised Mr.. Grayson not to q.
"er SAID questions, upon the VIZ 'n'
DRY that 1t was not competent TO an
behind the books of the Compadv fro
III inquiry as to the ownership of pei
X at a stockholders meeting Mr. Pr
Eson refused to answer said III