Clark v. Oceano Beach Resort Co.

The defendant, Océano Beach Resort Company, is a corporation with issued capital stock of 36,525 shares, of which the plaintiff owns 7,250 shares. On April 5, 1926, the board of directors of the company levied an assessment of 10 cents a share on the capital stock. The plaintiff, who is one of the directors, did not pay the assessment on his stock, but brought this action to enjoin the sale thereof for nonpayment of the assessment. Judgment was entered in his favor as prayed for and the defendants have appealed on a record prepared in accordance with the provisions of section 953a of the Code of Civil Procedure.

The reporter’s transcript contains 475 pages, much of the evidence included therein being immaterial. The respondent has not complied with the requirement of section 953c of the Code of Civil Procedure that “the parties must . . . print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court,” nor has he stated therein, in lieu of such printing, “the substance of such record, parenthetically referring to the line and page of the typewritten transcript for verification,” as permitted by rule…