Allen v. Boberg

• Decision Date: 07 December 1900
• Citation: 108 Wis. 282,84 N.W. 421
• Parties: ALLEN ET AL. v. BOBERG ET AL.
• Court: Wisconsin Supreme Court

108 Wis. 282

84 N.W. 421

ALLEN ET AL.

v.BOBERG ET AL.

Supreme Court of Wisconsin.

Dec. 7, 1900.

Appeal from circuit court, Eau Claire county; James O'Neill, Judge.

Action by Laura A. Allen and others against Otto Boberg and others. From an order dismissing the action as to defendant Boberg, plaintiffs appeal. Appeal dismissed.L. A. Doolittle, for appellants.

Wickham & Farr, for respondents.

CASSODAY, C. J.

In July, 1897, an action was commenced by Edward Boyle, as plaintiff, against the Commercial Bank of Eau Claire, as defendant, in which the bank was adjudged to be insolvent, and all the assets were collected by a receiver therein appointed therefor, and distributed by order of the court to pay expenses and certain preferred and secured claims, leaving nothing for general creditors. It appearing that, in order to pay such creditors, even in part, it was necessary that the stockholders of the bank be required to pay their statutory liability, the court, on September 24, 1897, ordered the receiver to proceed forthwith to enforce such liability. In the spring of 1898, upon the petition of a large number of the general creditors, a supplemental complaint was filed in such action in behalf of all the creditors and against all the stockholders to wind up the corporation and enforce such statutory liability against each of such stockholders--including the defendant Otto Boberg--for the full amount of their stock, respectively; the aggregate amount of which was less than the remaining unpaid indebtedness of the bank. The defendant Otto Boberg answered such supplemental complaint. Upon such issue being reached for trial, February 16, 1900, the defendant, Otto Boberg, tendered into court $600, the par value of his stock, and moved the court that said sum be accepted, and that he be discharged from all further liability in the action, and that the action be dismissed as to him, without costs. The court thereupon entered an order granting such motion, and ordering that the defendant Otto Boberg be discharged from all further liability in this action, and that this action be, and the same was thereby, dismissed as against him, without costs to either party. From that order the plaintiffs have taken this appeal, claiming that the defendant Otto Boberg is liable herein for interest and costs. After careful consideration, we are constrained to hold that the order is not appealable. Section 3069, Rev. St. The right of appeal is claimed under the...