Appeal—Review Confined to Record—Relation of Date of Affirmance.—In determining the correctness of a judgment appealed from, this court is limited to a consideration of the record thereof, and error of the trial court cannot be predicated by reason of any matter subsequent to its rendition. If the judgment is affirmed, it is as of the date of its rendition.

Id.—Death of Appellant—Substitution of Executors—Improper Motion to Remand Cause.—-Where the appellant has died pending the appeal, a motion by his substituted executors to remand the cause to the superior court upon the ground that the judgment is incapable of enforcement for want of presentation of it as a claim against the estate of the deceased appellant is improper and will be denied.

Id.—Enforcement of Judgment—Province of Court—Probate Jurisdiction.—The enforcement of the judgment or the right to withhold it is primarily within the jurisdiction of the court in which it was rendered. Upon the death of the appellant the power of the court to enforce the judgment by execution against him terminated, and the respondent is remitted for its collection to the probate jurisdiction having charge of appellant’s estate, and to that court the executors must present any defense they may have to its payment from the assets of that estate.

Bank—Transfer of Shares—Assumption of Liability by Transferee.—Upon the transfer of shares of stock in a bank and the acceptance of certificates issued therefor, the transferee assumes the liability to the bank for the unpaid amount thereof to which the original owners were subject.

Id.—By-Laws—General Power of Bank—Inherent Bight—Bestrictions—Enumeration of Powers not Exclusive.—A bank as a private corporation has a general power and inherent right incidental to its creation to enact by-laws for its internal government and to regulate the conduct, rights, and duties of its members, independently of legislative declaration, and subject only to legislative restrictions. The enumeration of powers to make by-laws contained in section 303 of the Civil Code does not restrict such general power and inherent right.

Id.—By-Law for Action upon Calls—Contract—Waiver of Assessment.-—-A by-law providing for the enforcement of unpaid calls is within the general power of the bank, and a provision for enforcement thereof by action binds all consenting stockholders; and where all of the stockholders agreed to the by-laws by signature thereto, such contract is a waiver of the right to insist that the corporation shall levy assessments therefor, as provided in the Civil Code, and may be enforced by the bank according to its terms.

Id.—Consideration of Contract by Transferee.—The admission of a transferee of stock to the privileges of a member of the corporation, with the right to participate in its proceedings and to receive dividends upon his shares of stock, is a sufficient consideration for the agreement with the corporation by signature to its by-laws.

Id.—Provision for Lien upon Stock—Foreclosure not Bequired.— A provision in the by-laws giving the bank a lien upon the stock for unpaid calls does not create a mortgage requiring foreclosure under section 726 of the Code of Civil Procedure; and the bank may enforce the payment of the indebtedness by action without any foreclosure of the lien.