Smeland

This is an appeal by the plaintiff from a judgment entered upon an order granting a nonsuit upon a motion made immediately upon the close of plaintiff’s case.

The defendants, with the exception of defendant Frank V. Smith, were directors of a corporation designated and known as the “San Joaquin Valley Electric Railway,” which was incorporated on October 3, 1908, under the laws of this state and remained in existence as such until March 1, 1913, when, according to the complaint, its charter was duly declared forfeited because of its failure to pay its corporate license tax, as required by law, for the year 1912. The defendant, Smith, was secretary of said, corporation.

The object of said corporation was, so the complaint states, to build and operate a railroad from the city of Stockton, in San Joaquin County, to the city of Modesto, in Stanislaus County.

The purpose of the action is to recover from said defendants damages in the aggregate sum of thirteen thousand four hundred dollars for obtaining from the plaintiff certain real property of the alleged value of eleven thousand four hundred dollars in consideration of certain mortgage bonds and common and preferred stock of said…