No other President than Bristol was ever elected, or attempted to be elected. Patrick was never elected other than President pro tem. He was neither President de jure nor de facto --there was not even the color of an election as President. (Ang. & Ames on Cor., Sec. 287.)
There is no sufficient showing for the interposition of a Courtof equity; no reason given why a motion to open the default was not made. (Pr. Act, Sec. 68; Bibend v. Krentz, 20 Cal. 109; 2 Story Eq. Jur. Secs. 887, 888; Floyd v. Jaynes, 6 John. Ch. 479; 7 Cranch, 336.)
This appeal being from the judgment only, the appellant is bound by the findings, and they sustain the judgment. (Harper v. Minor, 27 Cal. 107.)
JUDGES: Crockett, J.
OPINION
CROCKETT, Judge
This is an appeal by the plaintiff, on the judgment roll alone, from a judgment for the defendant. The action is to set aside a judgment obtained by the defendant against the plaintiff, on the ground that one Bristol, on whom the summons in that action was served, as President of the corporation, was not, when served, the President, or indeed an officer of said corporation; that the corporation or its officers had no knowledge of the pendency of the action until long after the judgment by default was entered, and that it has a meritorious defense.
It appears from the findings that Bristol was duly elected the President of the corporation soon after its organization, and presided at several meetings of the Board of Trustees; that he subsequently ceased to reside in the county in which the corporation had its principal place of business, and after he left the county, at a meeting of the Board one Patrick was elected President pro tem. for that meeting; but Bristol never resigned his office, and was never removed, nor was his office declared vacant; that Bristol thereafter took no part in the management of the affairs of the corporation, and Patrick was regarded by the stockholders as the President; but no permanent President was ever chosen in place of Bristol.
Upon these facts, I think the Court below properly held the service upon Bristol as President to be valid and sufficient to give the Court jurisdiction over the corporation. Service upon Patrick as President de facto might, and probably would have been, good; but Bristol was President de jure, and I think the service upon him was clearly valid.
Judgment affirmed.