Baird v. Cole

Stevens, J. —

I. The petition, to which a demurrer was-filed, contains all necessary formal allegations. The material statutes of -the state of North Dakota, in which the insolvent banking corporation is located, are set out in the pleading.

The demurrer challenges the sufficiency of the petition to state a cause of action, upon three grounds: (a) That a copy of the alleged judgment of the North Dakota court, determining the necessity for an assessment upon stockholders, and ordering the same made, is not attached to the petition; (b) that a nonresident receiver of a state banking corporation…