Kilby v. Movius Land & Loan Co.

Birdzell, T.

This is a sequel to Kilby v. Movius Land & Loan Co. reported in 55 N. D. 830, 215 N. W. 284. The controversy here, as well as in that appeal, was over a judgment allowing $500 attorney fees in favor of the plaintiff, who as a stockholder had brought the action for the benefit of the corporation. Upon the former appeal this court construed the judgment for such attorney fees to be one against the individual defendants but not against the corporation' itself, nor against A. L. Parsons, as receiver of the corporation. It modified the judgment by striking out that part which decreed…