"Plaintiffs
allege that they are now and for more than six years last
past have been copartners, doing business as M. D. Wells
& Co.; that the defendants, and others, whose names are
to these plaintiffs unknown, are and for more than six years
last past have been members of a society or association known
as 'The Ivy Grange;' that the Lyon County Cooperative
Association is now and for more than six years last past has
been a corporation duly organized and existing under and by
virtue of the general laws of the state of Kansas; that the
said 'Ivv Grange' subscribed to, and became and still
is the owner of, twenty shares of five dollars each of the
capital stock of said The Lyon County Cooperative
Association; that on the 20th day of November, 1884, in the
district court of Lyon county, Kansas, in an action therein
pending wherein the plaintiffs herein were plaintiffs and the
said Lyon County Cooperative Association was defendant, said
plaintiffs duly recovered a judgment against said defendant
therein in the sum of $ 1,583; that an execution has been
issued upon said judgment to the sheriff of Lyon county, and
by him returned unsatisfied; that said judgment is still
unpaid; that on the 25th day of November, 1884, said Ivy
Grange was duly served with a notice of such judgment, and
that execution would be ordered against the shareholders in
said Lyon County Cooperative Association.
"Wherefore
plaintiffs demand judgment against the defendants and each of
them in the sum of $ 100."
"It
is agreed that this case shall be submitted to the court upon
the following agreed statement of facts: That the plaintiffs
on the 20th day of November, 1884, obtained a judgment in the
sum of $ 1,500 in the district court of Lyon county, Kansas
against the Lyon County Cooperative Association, which was a
corporation organized under the laws of the state of Kansas
that on the 27th day of October, 1884, defendants W. L
McLaughlin & Co. and Samuel Bliss each obtained a
separate judgment against said company or corporation in a
justice's court in the county of Lyon for the sum of $
47.75, and $ 85.25, respectively; that the other defendants
were each members of a society or association known as
'The Ivy Grange,' an unincorporated society organized
for social purposes, its members being generally known as
'grangers;' that F. H. Lyon was also a member of said
grange, and during the year 1884 was its master, and presided
at the meetings of the grange, and had the usual powers of a
presiding officer; that said grange during the year 1884
owned twenty shares of the capital stock of the Lyon County
Cooperative Association, of the face value of five dollars
per share; that in November, 1884, executions were issued
upon the judgment in favor of the plaintiffs and upon the
judgments in favor of the defendants McLaughlin & Co. and
Samuel Bliss, against the said Lyon County Cooperative
Association, and each of said executions was returned wholly
unsatisfied; that thereafterward, and in the year 1884, and
after the return of the execution on the judgment in favor of
plaintiffs unsatisfied, the plaintiffs caused a written
notice to be served upon said Ivy Grange by delivering the
same to F. H. Lyon, of which the following is a true copy,
save and except the title of cause omitted, and the names of
the parties to whom it was addressed omitted; but that
included in the names of the parties to whom said notice was
addressed, among whom was the Ivy Grange and others,
stockholders of the Lyon County Cooperative Association, to
wit:
"'You
and each of you will take notice that the plaintiffs in the
above-entitled cause of action did, on the 20th day of
November, 1884, at the September, 1884, term of said district
court, by the consideration of said court recover a judgment
against the defendant, The Lyon County Cooperative
Association, for the sum of $ 1,583, damages, and the costs
of the action, taxed at $ 10.75; that an execution has been
issued upon said judgment to the sheriff of Lyon county,
Kansas, and by him returned wholly unsatisfied, there having
been no property belonging to defendant in said action found
whereon to levy such execution. Now this is to notify each
one of you who are hereinbefore named, that on Tuesday, the
3d day of March, 1885, at the hour of 10 o'clock A. M. on
said day, or as soon thereafter as counsel can be heard,
plaintiffs will, at the court house in the city of Emporia,
in open court, move the district court of Lyon county, state
of Kansas, for an order ordering an execution to be issued
upon such judgment against each person hereinbefore named, to
an amount equal to the amount of stock owned by such person
in the Lyon County Cooperative Association at the date of
said judgment as appears from the books of said association.
The above-named persons are further notified, that they can
save all costs by paying to the clerk of the district court
an amount equal to the amount of stock so held by them, to be
applied in satisfaction of said judgment.'
"That
thereafterward, and at the March, 1885, term of said district
court, an order was entered upon said motion, and upon proof
of service of the same upon the presiding officer of the said
Ivy Grange, that an execution issued on the judgment in favor
of the plaintiffs and against the Lyon County Cooperative
Association, against the said Ivy Grange, for the amount of
one hundred dollars, and the costs in said motion; which said
execution was issued, and returned wholly unsatisfied; that
in April, 1887, defendants W. L. McLaughlin & Co. and
Samuel Bliss each served a notice on each of the above-named
defendants other than themselves, a copy of which said notice
so served by McLaughlin & Co. upon Elza Moore and others
was and is as follows, to wit:
"'To
Mr. Elza Moore et al.: You are hereby notified that on the
30th day of April, 1887, at o'clock -- M., a motion will
be made by the undersigned as attorneys for W. L. McLaughlin
& Co., before E. N. Evans, justice of the peace of
Emporia city, Lyon county, Kansas, at his office in Emporia,
for an order against you that you pay the sum of one hundred
dollars, the amount of the capital stock you hold in the Lyon
County Cooperative Association as member of the Ivy Grange;
the same being to satisfy a judgment rendered by said justice
of the peace, in which the said W. L. McLaughlin & Co.
were plaintiffs and the said Lyon County Cooperative
Association was defendant.'
"That
the notice served on behalf of Samuel Bliss was precisely the
same, except the name of Samuel Bliss was substituted for the
name of W. L. McLaughlin & Co.; that said notice was
served in April, 1887; that on the 5th day of May, 1887, the
plaintiffs commenced this action, and that on the 12th day of
May, 1887, the plaintiffs obtained before said justice of the
peace judgment against each of said defendants, except the
said McLaughlin & Co. and said Bliss, for the sum of $...
