Nichols v. Stevens

• Citation: 27 S.W. 613
• Parties: NICHOLS v. STEVENS.
• Decision Date: 18 June 1894
• Court: Missouri Supreme Court

27 S.W. 613

NICHOLS v. STEVENS.

Supreme Court of Missouri.

June 18, 1894.

LIABILITY OF STOCKHOLDERS — JUDGMENT AGAINST CORPORATION — FRAUD — PLEADING — WAIVER OF OBJECTIONS — REMOVAL OF CAUSES.

1. In the absence of collusion, a judgment against a corporation, and the return unsatisfied of an execution, is conclusive evidence of the liability of stockholders, and a judgment by default is as conclusive as one obtained after a contest. 25 S. W. 578, affirmed.

2. Where the defense of fraud is relied on, the answer must state the facts constituting the fraud. 25 S. W. 578, affirmed.

3. Where one has incurred liability as a stockholder, neither the president nor board of directors of the corporation can release the liability to the prejudice of creditors. 25 S. W. 578, affirmed.

4. A recitation in the record of matters belonging solely to the bill of exceptions will not be noticed on appeal.

5. Where defendant has answered plaintiff's motion papers, and has gone to trial thereon, he cannot, on appeal, for the first time object to the form of procedure.

6. Where a cause having been removed to the federal court is remanded because the petition for removal did not state the diverse citizenship of parties, a second removal on the same ground is not allowable. 25 S. W. 578, affirmed.

In banc. Appeal from circuit court, Pettis county; Richard Field, Judge.

Action by William Nichols against Robert S. Stevens to recover amount due on stock. Judgment was rendered for plaintiff, and defendant appeals. Affirmed.

The opinion in division is reported in 25 S. W. 578.

Geo. A. Madill and Jas. A. Carr, for appellant. Geo. P. B. Jackson, for respondent.

PER CURIAM.

The opinion delivered in Division No. 2 is adopted and approved in banc.

GANTT, J., not sitting. BARCLAY, J., concurs in the result.