Howell v. First Nat. Bank

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

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
    • U.S. District Court — District of New Hampshire
    • October 22, 1895
    ... ... The ... first ground of demurrer assigned is that the declaration ... sets forth no ... to recognize and enforce. Howell v. Manglesdorf, 33 ... Kan. 194, 199, 5 P. 759; Flash v. Conn, 109 U.S ... 371, 3 Sup.Ct. 263; Rhodes v. Bank, 13 C.C.A. 612, ... 66 F. 512; Bank v. Rindge, 57 F. 279; Cuykendall ... Withers, 5 Biss ... 269, 278, Fed. Cas. No. 10,864; First Nat. Bank of ... Deadwood v. Gustin Minerva Con. Min. Co., 42 Minn. 327, ... ...
  • Hancock Nat. Bank v. Ellis
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • September 23, 1898
    ... ... the date of the issue of execution against it, or at the date ... of the writ in this action." The first four rulings ... requested by the plaintiff, which the court gave, were as ... follows: "(3) Upon all the evidence in the case, as a ... matter of ... The plaintiff also put in evidence ... the official reports of the following decisions of the courts ... of Kansas: Howell v. Manglesdorf, 33 Kan. 194, 5 P ... 759; Wells v. Robb, 43 Kan. 201, 23 P. 148; ... Abbey v. Dry-Goods Co., 44 Kan. 415, 24 P. 426; ... Abbey v ... ...
  • Lavell v. Bullock
    • United States
    • North Dakota Supreme Court
    • August 21, 1919
    ... ... 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, ... ...
  • Hancock Nat. Bank v. Ellis
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • September 23, 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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