Carver

This is an appeal on the part of the plaintiff from a judgment in favor of the defendants upon the pleadings.

The following is a history of the ease: Prior to the institution of this action, the plaintiff herein, in his official capacity of superintendent of banks of the state of California, had commenced an action against all of the defendants herein, with the exception of the Kern Valley Bank, having for its purpose the collection from each of said defendants of an amount alleged to be due upon their individual liability as stockholders of the said Kern Valley Bank, arising under the terms of the state constitution, and of section 322 of the Civil Code. That former action was in due course tried and thereafter appealed by the plaintiff therein to the supreme court. Upon said trial and appeal the defendants in that action successfully assailed the constitutionality of that portion of the banking act which purported to authorize the plaintiff therein, in his said official capacity, to institute and prosecute said action. During the time when said cause .was still pending upon appeal, the said legislature undertook to amend the banking act under which said action had been begun,…