Seyberth v. American Commander Mining & Milling Co.

HEITMAN, District Judge.

This is an appeal from a judgment dismissing plaintiff’s action. The trial court having sustained a demurrer to plaintiff’s amended complaint, plaintiff thereafter elected to stand upon his amended complaint, and the judgment of dismissal was thereupon rendered.

The amended complaint alleges in substance as follows: Defendant was incorporated under the laws of Idaho for 2,000,000 shares of the par value of one dollar each. Prior to June 12, 1923, about 1,300,000 shares of the capital stock were issued and outstanding, which was all common stock. Plaintiff, at the times…