Betz v. Newport Provision Mart Ass'n

Opinion by

Judge Pryor:

The. creditors of the corporation who are seeking to reach the stock alleged to have been subscribed by the appellant were compelled to go into a court of equity to subject it. In their action the corporation as well as the appellant were necessary parties and were made defendants. The corporation instituted its action at law to recover the amount of the subscription, and by consent, as the record shows, this action by the corporation was transferred to the equity docket. The issue between the corporation and the appellant was as to the subscription, the latter alleging…