Prey v. Millett

POLLOCK, District Judge.

This is an action at law, brought by defendant in error (hereinafter called “plaintiff”), as receiver of a national banking institution, to recover an assessment made on the capital stock of said bank to pay the debts of said institution. Defendant was the owner of record of 30 shares of the capital stock of this bank. To the petition of the receiver to enforce this assessment a demurrer was interposed by defendant, which was overruled, and, defendant refusing to plead further, but electing to stand on his demurrer, a judg*295ment for the amount of the assessment laid on…