Ferguson

Appeals from the judgment and from the order denying a new trial.

Plaintiff pleaded that the defendant, the Electric Rapid Transit Company, was a corporation organized and existing under the laws of the state of Kansas, and that it was not a railway, religious, or charitable corpo *172 ration. He further alleged a judgment obtained against the corporation in the circuit court of the United States for the district of Kansas, for the sum of seven thousand seven hundred and seventeen dollars and fifty cents, together with costs; that he caused execution issued out of the court to be levied upon the property of the Electric Rapid Transit Company, which execution was thereafter in due time returned wholly unsatisfied. Then follows in appropriate language an averment to the effect that, under the constitution and laws of Kansas, if any execution shall have been issued against the property or effects of a corporation, except a railway, or religious, or charitable corporation, and there cannot be found any property whereon to levy such execution, then execution may be issued against any of the stockholders to an extent equal in amount to the amount of stock by him or her owned, together…