Horton

This is an appeal from an order dismissing appellants’ amended bill of complaint and supplemental bill of complaint. The amended bill of complaint alleges that appellants are stockholders in the defendant Weepah Horton Gold Mines Company, a corporation, appellee here, and that F. E. Horton, Frank 1 lorton, Jr., R. McCarthy, and A. F. Price, defendants below and appellees here, are the directors and officers of said corporation. The supplemental bill of complaint names as defendants these same parties, and, in addition, appellees Iven T. Jeffries, O. U. Pryce, and P. N. Petersen, who became the owners of certain stock of said corporation at a sale thereof for delinquent assessments.

The amended bill of complaint alleges that the by-laws of the Weepah norton Gold Mines Company were adopted by the stockholders on January 23, 1929, immediately subsequent to its organization; that at a meeting of the board of directors of said corporation held on May 22, 1929, assessment No. 1 was levied on the issued and outstanding capital stock of the corporation; that at a meeting of the board of directors of the corporation held on March 15, 1932, a resolution was adopted which provided that so…