Miller v. Ryan

HOLT, Justice.

The appeal is by defendant from an order overruling his demurrer to the complaint. The order certified the question involved to be important and doubtful.

The action is by the receiver of an insolvent domestic corporation to recover of defendant, one of its stockholders, an assessment ordered in virtue of art. 10, § 3, of our state constitution. The complaint alleges that the corporation was organized November 19, 1920, under the laws of this state; that on October 3, 1931, one Albert D. Enke brought an action in the district court against the corporation to sequestrate all its…