53 Neb. 417 | Neb. | 1898
The West Side Improvement Association recovered a judgment against Macfarland for certain unpaid assessments on shares of its capital stock alleged to have been by him subscribed. While. several defenses were pleaded, the questions here presented relate only to one,
It will be seen that Macfarland participated in the acts of the corporation by holding the office of treasurer, receiving subscriptions, and disbursing money for the purpose of carrying out its main object. Such participa
Other questions argued are either rendered immaterial by the conclusion reached on this, or are so distinctly corollary thereto that they do not require' separate notice.
Submitted with the case on its merits is a motion to strike from the record certain portions of the bill of exceptions. This motion is aimed at matter inserted by the trial judge in pursuance of an order made by this court remanding the' record for the trial judge’s action according to the facts. (Macfarland v. West Side Improvement Ass’n, 47 Neb. 661.) The proceedings seem to have been in accordance with the opinion and direction of this court as there expressed, and the motion is therefore overruled. The judgment of the district court is
Affirmed.