Treasurer v. Commercial Coal Mining Co.

This is an action in the nature of a suit in equity, to compel the defendants, a corporation, to issue to the plaintiff a certificate of forty-six shares of the capital stock of the company. The defendants demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The Court sustained the demurrer, and rendered a final judgment for the defendants, from which the plaintiff appeals.

The complaint avers, that the plaintiff, with others, located and took up a coal mining claim; that his colocators, with others, formed the corporation defendants,…