Wagner

In this action the plaintiff sued the Cardinet Fountain Brush Company to recover upon a promissory note given by that corporation, and included as defendants the names of a number of persons who, it was alleged, were stockholders of the corporation in certain amounts, giving at the same time the total subscribed capital stock of the corporation, and stating in the complaint, in so “far as it referred to them, the amount that was due from each upon his stockholder’s liability for this debt. The total amount of the debt was about three thousand dollars, and the stockholder’s liability of Niels Lund, the respondent, was figured out in the complaint at about $111. Lund did not appear, and a judgment was taken against him for the said amount of his stockholder’s liability, with some added interest. Learning of the judgment apparently, Lund then appeared, and moved the court to set aside the judgment upon the ground that the court had no jurisdiction over the subject matter of the action for the reason that, as far as he was concerned, the action was brought to recover a less amount than three hundred dollars. Before that motion could be brought on to hearing, it appears that the…