Wilkinson

Wilkinson v. Grant

Good Law
1920 Cal. App. LEXIS 782·46 Cal. App. 429·189 P. 319
Court of Appeal of CaliforniaMarch 4, 1920Civ. No. 3236.California1,277 words

Opinion

Lead Opinion

Richards, J.

This is an action by the judgment creditor of a corporation to recover from the defendants, as stockholders therein, the amount "of the plaintiff’s judgment out of the unpaid subscriptions of said stockholders. Upon the trial of the cause the action was dismissed as to the defendants other than those who are the respondents herein, but as to these the court made its findings and conclusions of law, in the latter of which it found that the plaintiff was entitled to judgment against these defendants for the amounts which would be applicable out of their unpaid subscriptions, respectively, to the plaintiff’s judgment against the corporation. A judgment was entered in accordance with" such conclusions of law, whereupon the defendants separately moved the court, under section 663 of the Code of Civil Procedure, to vacate the judgment so entered and enter a judgment in favor of each of said defendants. The court granted each of these motions, and upon each proceeded to enter a judgment in favor of the moving party and against the plaintiff. While there were thus in form two judgments finally entered in the action, they were as to the plaintiff the same. The plaintiff has appealed from…

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