Appeal—Separate Appeals—Judgment and Order Refusing to Set Aside—Separate Consideration Unnecessary.—Where there is an appeal from a judgment for plaintiff and also from an order refusing to set aside the judgment and enter a judgment for the defendant, it is unnecessary to consider the appeal from the order separately, since the same matters presented thereon arise upon the appeal from the judgment.

Id.—Pleadings—Insufficient Complaint Aided by Answer.—Where insufficient allegations of a complaint are eked out by the averments of the answer, the defects in the complaint are no longer available to a defendant on appeal.

Corporations—Stockholders—Unpaid Stock—Action by Judgment Creditor—Demurrer to Complaint.—Where in an action by a judgment creditor of a corporation against one claimed to be a stockholder, to compel the application of the defendant’s alleged unpaid stock subscription to the payment of the plaintiff’s judgment, it was alleged unequivocally in the complaint that no consideration was paid to the defendant or received by the corporation for or on account of the issuance of the stock by the corporation to the defendant, a demurrer to the complaint should have been sustained, since both under section 11 of article XII of the constitution and section 359 of the Civil Code, stock issued under such circumstances is void, and persons receiving it did not thereby become shareholders, nor render themselves liable to creditors as for an unpaid subscription.

B>.—Defective Complaint Cubed by Answer.—Where in such action t'he defendant subsequently answered and, in his answer alleged that the stock was issued to him as a bonus for making a loan to the corporation, the insufficiency of the complaint in alleging that the stock was issued without consideration was not available to th^ defendant on appeal.