Legal Opinion

Hentig v. James

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 15 opinions

Error from Shawnee District Court. The plaintiff in error, plaintiff below, obtained an order from the district court of Shawnee county for an execution for the sum of $800 against the property of the defendant, as a stockholder in a corporation known as the Topeka Rolling Mill Company, under § 32, ch. 23, Gen. Stat., 198. The execution was issued by the clerk, and placed in the hands of the sheriff of Shawnee county, and was afterward returned by him wholly unsatisfied, for…

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Error from Shawnee District Court. The plaintiff in error, plaintiff below, obtained an order from the district court of Shawnee county for an execution for the sum of $800 against the property of the defendant, as a stockholder in a corporation known as the Topeka Rolling Mill Company, under § 32, ch. 23, Gen. Stat., 198. The execution was issued by the clerk, and placed in the hands of the sheriff of Shawnee county, and was afterward returned by him wholly unsatisfied, for want of property on which to levy. After the return of the execution, the plaintiff filed an affidavit with the probate…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

We perceive no error in the ruling of the •district judge in discharging the defendant. Neither at law nor in equity are stockholders contributing to the capital of .an incorporated company individually liable for the payment of the debts of the corporation. The liability arises solely by constitutional or statutory provision. As a consequence, the matter here is wholly governed by the statute, and the rights •of the party claimant under the statute must be ascertained by it. (Brinham v. The Wellersburg Coal Co., 47 Pa. St. 43.) In…

2Cited by15 opinions

  1. Howell v. A. Manglesdorf & Co.Supreme Court of Kansas · 1885
  2. Hancock National Bank v. EllisMassachusetts Supreme Judicial Court · 1898
  3. Tuttle v. National Bank of the Republic of St. LouisIllinois Supreme Court · 1896
  4. Ferguson v. ShermanCalifornia Supreme Court · 1897
  5. Fowler v. LamsonIllinois Supreme Court · 1893

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