Arnold

The above entitled eases are companion to Maguire v. Hibernia Savings & Loan Society et al., this day decided. (Ante, p. 719 [ 146 P.2d 673 ].)

Plaintiffs claim membership in the society as assignees of various persons, who, it is alleged, entered into “contracts of membership ’ ’ with the society between 1859 and 1864, by signing the bylaws of 1859 and paying the entrance fee of two dollars. The complaints contain but one count which is similar to the first count of the complaint in the Maguire ease. The only material difference is that the complaints herein show that there has been no continuous maintenance of deposits with the society while the complaint in the Maguire case alleged that plaintiffs and their predecessor continuously maintained a deposit with the society.

*743 We are of the opinion that the trial court erred in sustaining demurrers to the complaints and in granting motions to dismiss the actions under section 1061 of the Code of Civil Procedure for the reasons set forth in the Maguire case, ante, p. 719 [ 146 P.2d 673 ], and the Saunders case, ante, p. 738 [ 146 P.2d 683 ].

Additional considerations are presented by these appeals, however, as the trial court…