Ryan

This action was brought against several stockholders in the Santa Rosa Land and Improvement Company by appellant Ryan, to subject an alleged balance remaining unpaid to the corporation upon the stock held by the defendants in satisfaction of a judgment recovered by him against the corporation. Trippett, the other appellant, is also a judgment creditor of the corporation, and came in as an intervener, and sought similar relief.

All the defendants had judgment, and this appeal is upon the judgment-roll from the judgment in favor of four of the defendants, viz: Burkill Jacques, William H. Anderson, J. E. Deakin, and T. C. Stockton. (The appeal as to Anderson was dismissed.)

*282 The principal question is as to the sufficiency of a certain allegation of the complaint. Certain other allegations should be stated, however, in order to a proper construction of the clause more particularly in question.

After alleging that the capital stock of said corporation is $600,000, divided into 6,000 shares of $100 each, all of which were subscribed for, it is alleged as follows:

Then follows a similar allegation as to the number of shares held by each of the defendants, and immediately…