Gaunce v. Schoder

The appellant is a stockholder in the Rolle-Barnes Co., a corporation, of which the respondent is receiver, and this action was begun to recover from Mm dividends paid by tbe corporation during three years before it finally suspended business. Tbe allegation of tbe complaint is that tbe dividends were paid out of capital. To tbe complaint, a demurrer was filed upon tbe ground that there was a defect of parties and that tbe complaint did not state sufficient facts to constitute a cause of action. Tbe demurrer being overruled, tbe appellant answered, and upon trial judgment was entered for tbe…