The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-22


and uuently the plaintiffs from entering upon
their respective duties officers Wherefore plaintiffs
pray defendants
of them
Show by authority they hold their respective offices
and the powers and duties of directors officers and
managers of this corporation.
2. To show why judgment OF custer should be
rendered against them and each OF them
3. And why the plaintiffs and each of them be put in
of the and control of the business at
fairs Of said company by virtue OF their election to offices here
inbefore mentioned.
production of books and documents company
and that the legality of the election be tested.
And for injunction against defendants from acting
officers
The defendants in their answer denv that the capital stock
of the company thus legally sold shares deny that %
shares majority of the stock admit that letters issued
the shareholders of the said company attend the annual
meeting January 6 1891 and alege that said notices
gwen III compliance witt! the bylaw" OF the sad corporation
Further alege that said meeting January 16, 1897 these
defendants duly elected officers of said corporation,
which meeting the holders of majority of the shares of the
capital stock present. and that defendants elected
by majority of all stock present They deny that said
election fraudulent and illegal but aege that held
conformity with law and the by laws of the
and that they the duly and legally elected officers of the
company They deny that plaintiffs duly elected officers
officers all of the company and that the meeting and election
of officers invalid and void They deny false faudu
lent sale of three shares shares of stock And pray that
they be confirmed in their Offices
After full hearing the presiding circuit judge found for the
plaintiffs and ordered election of officers hold Office for
the 1897 such election take place within month
from the first day of March, 1897 the officers elected for the
year 1896 to act until their successors are elected
Chap 80, Laws of 1876 Comp Laws $3.50 Of the Writ
of Quo Walranto Sec So This is order issuing in the
of the sovereign, : : directed person who
claims usrp Office in corporation nquirng by what
authority he claims to hold such office
Sec. 3s. The order is obtained by petition set
ting facts sufficient show right the order, and
to if the application is made by private individual
Sec. The party whom order is directed shall file his
writing within the time limited by the order and
state the authority under which he claims
Sec 40 If the party whom the order directed does not
within the time allowed the justice the
no Cbo 1foI oHioo
which he performs the duties and shall forbid him to perform
them any longer, and shall direct the corporation"
TO proceed to a appointment.
Sec Al But if the person to whom the order is directed
within the time allowed Judgment shall be pronounced
upon the manner and after hearing the
parties If the court Judge who issued the order thinks that the
whom the mandate directed has usurped the office
which he holds, that he continues in it unawfull Judgment
shall be rendered against him the provided IN the
preceding article otherwise the petition shall be dismissed
Sec A. In all contemplated by this article Cart 4,
Writ of Quo Warranto Judgment shall be given according to
the of the complaint.
The bylaws the corporation provided the annual
meeting should be held January Is of each year. and the
weeks beforehands
The evidence shows ca notice by the secretary Joao An
tonic dated Decembe - 1896 calling the annual meeting for
January 6, 1891 and published in the 20 Luso newspaper
published in Honolulu on December "a, 1896.
% That the secretary, Antonio written notices dated
December 30 1896 individual annual
meeting be held January TO- 1897 of these
notices contained the further notice that the date of the
meeting for 1897 had been changed January 15 fixed
by the bylaws January 10 1897 by order of the directors
a a meeting held on December p, 1896.
(3) That the directors did December 1896
change the day of the annual meeting for 1897 from January
January 1897 January 18th, 1897, fell Friday
a. That the president j. G. Srrao published notices in the
o that the annual meeting would be held Jan
uary IL 1891 signed by him president
On January 16 1897 the shareholders assembled about
six o'clock among whom were present j. g. Serrao the
president and Joao Antonio the secretary The president
called the meeting order and directed the secretary to call
the secretary objected and finally refused placed
his books the table and retired from the The secretary
held four shares and his leaving there represented
by shareholders and proxies 81 shares of these Nuno Fer
held three shares which the plaintiffs claim
duentlv and illegally issued This meeting proceeded
and elected the defendants officers and directors
specified in the pleadng and adjourned. Immediately
thereafter the other stockholders, the petitioners
.ln- 4. IL L. I