Union Nat. Bank of Omaha v. Halley
South Dakota Supreme Court
Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by the Union National Bank of Omaha against James Halley and another. Prom an order sustaining; a demurrer to the complaint, plaintiff appeals.
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Appeal from circuit court, Pennington county; Hon. Levi McGee, Judge. Action by the Union National Bank of Omaha against James Halley and another. Prom an order sustaining; a demurrer to the complaint, plaintiff appeals. In a suit brought to enforce a stockholder’s statutory liability in a state bank, the defendant Halley demurred to plaintiff’s complaint upon three grounds: First, that there is a defect of parties plaintiff, based upon the supposition that there may be other creditors who ought to join with the plaintiff bank in seeking to enforce the -liability. It does not appear from the…
1Opinion of the CourtCorson, P. J.
This is an appeal by - the .plaintiff-from; an Order 'sustaining the defendants’ demurrer to its complaint. The com plaint states, in substance, that the' plaintiff is a corporation' duly organized under and by virtue of the banking laws'of. the United States; .that the Minnekahta.State Bank was in-May, 1899, and for years prior thereto, a banking association or'Corporation organized and existin'g under and by virtue of the laws of the State of South Dakota, and doing business in, the’city of Hot Springs; that said bank' was organized with'a capital stock of $25,000, divided into 250 shares…
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