Page:North Dakota Reports (vol. 1).pdf/549

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A stockholder holding a majority of the subscribed capital stock having acquiesced in the organization of a stockholders’ meeting, and having participated in the business of the meeting, as so organized, among other things having nominated persons for the office of director, cannot afterwards withdraw from the meeting, and organize another meeting, at the same time and in the same place, and by voting at that meeting elect the persons voted for by him the directors of the corporation. It is his duty to remain in the meeting first organized and vote his stock there, and no one can prevent his voting his stock at that meeting, although his ballot may be rejected. Notwithstanding such rejection, had he voted his stock at the original meeting the persons voted for by him would have been elected directors, and under the statute declared by the court elected.

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A transferee of stock upon the corporate records is qualified to vote the stock and to become a director, although the transfer was made for the express and sole purpose of so qualifying him, provided that it was not made in furtherance of a fraudulent scheme. Id.

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An appeal from the taxation of costs by the clerk of the supreme court will not be considered, as the rule of the court prescribes that costs of said court, in cases originating in a lower court, shall be taxed below after remittitur sent down. Jasper v. Hazen, 210.

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Setting up counter-claim is equivalent to commencing action on same demand. ''Johnson v. Ins. Co., 167''.

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Has power to bond to procure seed-grain. State v. Nelson Co., 88.

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Is proper party defendant in action to enjoin collection of tax or to restrain sale of lands for taxes. ''Bode v. N. E. Inv. Co., 121''.

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Whether or not county is liable to commissioner for use of his team. Quære. State v. Bauer, 273.

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Among the instructions to the jury was the following, which is approved by this court: "The statute with regard to fees of county com-