Burke

In these two actions appellants, as successors in interest of Thomas Gian and Michael Kane, seek a determination of their asserted rights in The Hibernia Bank. Appellants would fashion a sword of factual issues to pierce respondents’ summary judgments, but the affidavit upon which they rely consists of inadmissible evidence, while respondents’ affidavits state facts sufficient to sustain the judgments.

We analyze in the first instance the complaints; in the second, respondents’ affidavits in support of the summary judgments.

The complaints in these appeals are almost identical; both are framed in four counts. We present a synopsis of the first and third counts, respectively; we need not discuss the other two counts since they have been abandoned by appellants.

Appellants allege that on April 12, 1859, Hibernia Savings and Loan Society was incorporated pursuant to “An Act to provide for the Formation of Corporations for certain purposes.” (Stats. 1853, p. 87.) Although its certificate of incorporation provided for a stock structure, this Hibernia of 1859 functioned as a membership corporation. Michael Kane became a member of this corporation on April 12, 1859; Thomas Gian…