Tatum

This action is in the nature of a creditor’s bill to compel certain subscribers to the capital stock of an insolvent corporation to account for and pay in the •unpaid portion of their subscriptions, to the satisfaction, as far as it may, of a judgment obtained against the corporation, upon v/hich execution had been returned wholly unsatisfied.

Demurrers were filed to the complaint, which alleged, among other matters, that the complaint did not state facts sufficient to show a cause of action. The deij?ur= *132 rers were overruled and answers were filed. A trial was had, which resulted in a judgment for plaintiffs against certain of the defendants. Some of the latter have appealed from the judgment, and the only points made in their briefs for its reversal are: —

1. That the complaint does not allege the indebtedness-upon which the judgment set out in the complaint was recovered. As to this, it can be said that when this judgment was rendered against the corporation, it established its liability conclusively, so far as any judgment can, to pay the debt. It concluded the stockholder, in a case like this, who was in privity with the corporation, and is valid until reversed in a…