Dissolution of Corporation fob Profit — Appeal from Judgment after Sixty Days—Evidence Not Reviewed.—Where a corporation •organized for profit was dissolved by judgment of the superior court, upon an appeal therefrom by objecting parties, taken more than sixty days after the entry of the judgment, the evidence given at the hearing cannot he reviewed and findings of fact objected to by the appellants cannot be considered.

Id.—Jurisdiction of Petition—Stock Subscribed under Former Law —Change in Requisite Vote—Untenable Objections.-—The objection that the superior court had no jurisdiction of the petition on the ground that its stock was subscribed when the law required a vote of two thirds of all the stockholders, and that they could not he deprived of that right by a subsequent change in the law permitting a petition for dissolution upon a vote of two thirds of tho subscribed capital stock, is not tenable. It is sufficient that the vote and petition were in the form prescribed by section 1228 of the Civil Code as amended in 1907.

Id.—Reserved Power of Legislature over Corporations — Part of Contract with Stockholders.—The power reserved to the legislature to alter or repeal the charter of any corporation subject to section 1 of article XII of the state constitution is not only a part of the charter of the corporation, but also becomes a part of the contract of every stockholder of the corporation organized thereunder.

Id.—Motion fob Continuance—Proof of Stock—Showing of Sale fob Delinquent Assessments—Lack of Diligence—Discretion Not Abused.—The court did not abuse its discretion in denying a motion for a continuance by appellants to prove their ownership of stock where it was shown at the hearing that they were the original owners of stock issued to them, but that it had been long since sold for delinquent assessments, and that they had had ample time to have attacked such sale for invalidity if such invalidity existed. Their failure to have done so exhibits a lack of diligence in itself justifying the court in refusing the continuance.

Id.—Insufficient Affidavit on Motion.—The affidavit in support of the motion discloses no defense upon the merits where it merely alleges that appellants paid all assessments of which they had any knowledge, but does not state that they paid all assessments levied, or that the assessment under which their stock was sold, was illegal or void.