Kern

This appeal comes to this court by transfer from the supreme court. The appeal was taken to that court on the theory that the “assessment,” the validity of which is attacked, was such as to give that court appellate jurisdiction in the case. ( 154 Cal. 96 , [ 97 Pac. 25 ].)

The action was brought by the plaintiff corporation to recover from the defendant, who is the holder of 50,000 shares of its capital stock, the sum of $350, the unpaid balance of an assessment levied upon such shares of stock. At the time said assessment was levied 462,000 out of its 500,000 shares of stock, of the par value of one dollar each, had been subscribed, and certificates therefor issued to its stockholders as fully paid-up stock. The necessity for the levy of the assessment upon which this action is based is stated in the complaint as follows: Said corporation was in debt to tona fide creditors in the sum of $5,000, and that it was necessary for said corporation to expend about $500 more for the maintenance and operation of its mining claims and to procure the performance of the necessary assessment work thereon required by law, and for other necessary expenses essential to the con- • ducting of its…