Fralick v. Guyer

This action was brought by appellant as Commissioner of Finance to recover from respondent a sum equal to the par value of respondent’s stock in the Bellevue *652Bank and Trust Company, said stock having been fully paid up.

Respondent demurred to the complaint on the ground that the facts stated did not constitute a cause of action. The demurrer was sustained, appellant declined to plead further and judgment of dismissal was thereupon entered, from which this appeal was taken.

C. S., sec. 5274, upon which the action is founded, reads in part as follows: “The stockholders of every incorporated bank…