Moulton

I concur in the judgment, but it is unnecessary to decide in this case that the respondents were entitled to have the execution recalled on motion based upon a mere verbal agreement for the extension of time. It is enough to say that they were not entitled to the remedy sought in this action.

A. W. Moulton and four other persons instituted this action for an injunction against Sewell Knapp, E. G-. Knapp, and R. B. Purvis. It was alleged, among other things, in the complaint that the plaintiffs were stockholders and directors in a corporation denominated the Oakdale Lumber and Water Company, and that they together owned three fourths of the stock in that company; that the affairs of the corporation were in such a condition as that any suit or action brought against it would necessarily embarrass its interests, as *386 the corporation was just getting into shape that would mate it in a short time a paying institution.

That on the third day of April, 1886, S. Knapp had two notes against plaintiffs, one for. about seven thousand five hundred dollars, and the other for about one thousand dollars; that upon the day above mentioned he commenced an action against the makers of those notes, the plaintiffs here, to recover what he claimed was due him; that about two days after this he went to these plaintiffs, and informed them that he had brought the suit, that he did not wish to annoy them, but wanted to be secured in the payment of his claims, that if they would waive all…