Willard

“Action to recover from the defendant the amount of an assessment by the plaintiff upon the shares of its capital stock held by him. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.

“The authority of the plaintiff to levy the assessment and to collect the same by an action against its stockholders, together with the regularity of its proceedings therein, was affirmed in the cases of the same plaintiff against Dunlap, 135 Cal. 628 , [ 67 Pac. 1084 ], and against Leiter, 145 Cal. 696 , [ 79 Pac. 441 ], cases which involve the same assessment as that here presented. The only question presented upon the present appeal is whether the appellant was a stockholder of the plaintiff at the time the assessment was levied, the plaintiff alleging that he was such stockholder, and the defendant denying this allegation. Upon this issue the court made the following finding:

The foregoing opinion was prepared by Mr. Justice Harri- • son shortly before the expiration of his term as presiding justice of this court, but as the other members of the court had not, at his retirement, fully satisfied themselves of the correctness of his views, the opinion was not…