Corporations—Liability op Stockholders—Statute op Limitations. —The liability of a stockholder of a corporation for his proportionate share of its debts is created by statute, and is barred within three years after the cause of action accrues.

Id.—Collection by Bank—Deposit on Open Account—Accrual of Cause of Action against Stockholders—Change to Savings Account.—The cause of action against the stockholders of a bank for a collection made by the bank for the plaintiff, and immediately credited to the plaintiff on his open account with the bank by plaintiff's authority, then accrued, and the statute of limitations in favor of the stockholders then began to run, and its running cannot be affected by a subsequent transfer of the credit to a savings account for the purpose of drawing interest.

Id.—Bower of Corporation—Extension op Time.—The corporation has no power, without the consent of the stockholders, to extend the time for the commencement of an action against them, by any subsequent renewal or extension of time for the payment of its original debt.

Id.—Inapplicable Instruction—Agency of Bank for Payor—Directions to Bank.—It was error to instruct the jury that if they found certain material facts, the bank was agent for the payor in receiving the money, and he might withdraw it before certain directions were complied with, where there was no evidence from which such facts, agency, or directions could be found or inferred.

Id.—Order Granting New Trial—Sufficiency op Specifications— Liberal Bule—Bar of Statute.—Upon an order granting a new trial, the specifications of the statement as to insufficiency of the evidence to sustain the verdict will be deemed sufficient under the liberal rule now adopted and followed, where they were not objected to when the statement was settled, and it contains substantially all of the evidence; and where the verdict was against the evidence as to the bar of the statute, an objection upon appeal from such order that the specifications went to probative facts connected with the original bar of the statute which might possibly not be inconsistent with the verdict against the bar of the statute, will not be entertained.

Id.—Plea of Statute not Waived—Presumption.—Defendants did not waive their plea of the statute of limitations by failing to ask the withdrawal of the question from the jury or to ask an instrue- • tion in relation thereto. They had the right to rely upon the presumption that the verdict would be in accord with the law and the facts.