Kellerman

On January 15, 1895, the plaintiff recovered a judgment in the superior court of Los Angeles county against the Castica Oil Company, a corporation, for the sum of two thousand six hundred and thirty-two dollars and fifty cents, and nine dollars and fifty - cents costs of suit, on which an execution was issued, and returned unsatisfied; and ten days later he commenced this action against the stockholders of the corporation to subject the amounts due upon their alleged unpaid subscriptions for stock to the payment of his judgment. The court below gave judgment in favor of all the defendants, and the plaintiff appeals from an order refusing to grant him a new trial as to four of them.

It appears from the record that the Castica Oil Company was organized as a corporation, under the laws of this state, by the respondents Maier, Phelps, Summer-land, and Cook, and one Mason, since deceased. The articles of incorporation stated that the purposes for which it was formed were “to bore for, mine for, produce, manufacture, buy, sell, use, store, and refine *419 petroleum, and other oils, gas, brea, asphaltum, and kindred substances; and to manufacture, build, buy, sell, use, and lease oil…