Gowans v. Rockport Irr. Co.

HARRIS, District Judge.

This is an action in equity brought to restrain the collection of an assessment levied against the plaintiffs’ stock in the defendant company. It is alleged that the assessment is illegal and void for two reasons: (1) That the persons acting as directors of the company at the meeting at which the levy of the assessment was made were not qualified stockholders of the corporation, and therefore were not qualified to act as directors; and (2) that at the time of the purported levy a portion of a previous levy had not been collected.

It appears that the defendant is an…