Ruck

This action was brought to recover of defendant corporation five hundred shares of its capital stock, or in case a recovery cannot be had, for the value thereof. Findings were filed, upon which judgment was entered for plaintiff. This appeal is from the judgment, on the judgment-roll alone.

The findings show that at all the times mentioned in the complaint the plaintiff was the owner of said five hundred shares of capital stock; that at a meeting of the directors of defendant corporation held on June 5, 1902, the following resolution or order, levying an assessment, was passed, to wit:

Notice of said assessment was either personally served upon each stockholder or else in lieu thereof a notice was deposited in the United States postoffice addressed to each stockholder, and published at least once a week for four successive weeks in two newspapers of general circulation, all as required by law. There is no question as to the notices so given being in proper form, and published and served as required by law, but the record does not show that plaintiff ever received personal notice of the assessment.

The assessment on the stock of plaintiff was not paid, and after due publication…