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Abstract

On a petition challenging the legality of an election of directors at a special meeting, one of the contentions was that calling this meeting on five days' notice violated section 29 of the Delaware General Corporation Act, as amended by 36 Del. Laws, c. 135, sec. 15, which provided that a list of stockholders entitled to vote be made by the officer in charge, ten days before every election. Held, this is not grounds for avoiding the election; the provisions of the statute are directory only, and where a by-law of the corporation required five days' notice for special meetings, this must be deemed sufficient also as to the list of stockholders. Moon v. Moon Motor Car Co. (Del. 1930) 151 Atl. 298.

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