HORN v. KAUPP

No. 10317.

147 N.W.2d 607 (1967)

Elmer K. HORN, Plaintiff and Respondent, v. Oswald KAUPP, Thomas LaPrath, Paul Voelzke, Robert Sperl, Woodrow Sinkular, Harold Robertson and Raymond Hoffman, Defendants and Appellants.

Supreme Court of South Dakota.

January 4, 1967.


Attorney(s) appearing for the Case

Herman & Wernke, Gregory, for defendants and appellants.

G. F. Johnson and Charles Rick Johnson, Gregory, for plaintiff and respondent.


HOMEYER, Presiding Judge.

This action was brought to establish plaintiff's right to serve as a member of the board of directors of a cooperative corporation. The trial court entered judgment confirming his right to the office and commanded the remaining directors, all of whom are defendants, to allow him such office. This appeal is by the defendants in said action including Oscar Kaupp, the defeated director, whom plaintiff replaced.

At the annual meeting...

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