Branch v. Augusta Glass Works

Lumpkin, Justice.

The litigation presented by the entire.record is somewhat complicated, but we have endeavored to formulate in the head-notes the legal principles which control the case, so far as we feel called upon to deal with it at this time.

The Augusta Glass Works, a corporation, brought an action against Thomas P. Branch upon a contract of subscription to the capital stock of the company. Two trials were had. While it seems that the first ought to have been confined to the issues made by the plea of nul tiel corporation, the jury not only found against that plea, but also in the…