Howell v. First Nat. Bank

CourtUnited States State Supreme Court of Kansas
Citation52 Kan. 133,34 P. 395
PartiesGEORGE W. HOWELL et al. v. THE FIRST NATIONAL BANK OF WASHINGTON
Decision Date07 October 1893

Error form Washington District Court.

THE opinion states the nature of the action and the material facts.

Judgment reversed.

Mills, Smith & Hobbs, for plaintiffs in error.

Chas. Smith, and J. G. Lowe, for defendant in error.

ALLEN, J. All Judgment concurring.

OPINION

ALLEN, J.:

Plaintiffs in error were joined with many others as defendants in an action brought by the defendant in error, to enforce their statutory liability as stockholders in an insolvent corporation. They demurred to the petition, on the ground that several causes of action were improperly joined. The demurrer was overruled, and, the defendants electing to stand thereon, judgment was entered against each of them for different amounts.

The identical question presented in this case was fully considered by this court in the case of Abbey v. Dry Goods Co., 44 Kan. 415, 24 P. 426. With the decision in that case we are entirely satisfied.

Judgment reversed.

All the Justices concurring.

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12 cases
  • McVickar v. Jones
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire
    • 22 Octubre 1895
    ...right was created, rather than to the procedure of the forum in which it is sought to be enforced, it must be governed by Howell v. Bank, 52 Kan. 133, 34 Pa. 395; and Abbey v. Dry-Goods Co., 44 Kan. 415, 24 P. 426, rather than by Rice v. Hosiery Co., 56 N.H. 114, and Erickson v. Nesmith, 46......
  • Hancock Nat. Bank v. Ellis
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 23 Septiembre 1898
    ...Abbey v. Long, 44 Kan. 688, 24 P. 1111; Plumb v. Bank, 48 Kan. 484, 29 P. 699; Hoyt v. Bunker, 50 Kan. 574, 32 P. 126; Howell v. Bank, 52 Kan. 133, 34 P. 395; Van Demark v. Barons, Id. 779, 35 P. 798; Achenbach v. Coal Co., 2 Kan.App. 357, 42 P. 734; Pump Co. v. Davies, Id. 611, 42 P. 590; ......
  • Lavell v. Bullock, 1915
    • United States
    • United States State Supreme Court of North Dakota
    • 21 Agosto 1919
    ...645, 46 N.E. 580. See also Lane v. Morris, 8 Ga. 468; Abbey v. Grimes Dry Goods Co. 44 Kan. 415, 24 P. 426; Howell v. First Nat. Bank, 52 Kan. 133, 34 P. 395; Hanson v. Konkersley, 37 Mich. 184; Patterson v. Stewart, 41 Minn. 84, 42 N.W. 926, 16 Am. St. Rep. 671, 4 L.R.A. 745; Re People's L......
  • Hancock Nat. Bank v. Ellis
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 23 Septiembre 1898
    ...v. Long, 44 Kan. 688, 24 Pac. 1111;Plumb v. Bank, 48 Kan. 484, 29 Pac. 699;Hoyt v. Bunker, 50 Kan. 574, 32 Pac. 126;Howell v. Bank, 52 Kan. 133, 34 Pac. 395;Van Demark v. Barons, Id. 779, 35 Pac. 798;Achenbach v. Coal Co., 2 Kan.App. 357, 42 Pac. 734;Pump Co. v. Davies, Id. 611, 42 Pac. 590......
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