28 Kan. 423 | Kan. | 1882
The opinion of the court was delivered by
I. The court committed no error in permitting the sheriff to amend his return to the summons, and after such amendment had been made, it appeared from the return that due and proper service of the summons had been had upon the Valley Bank and Savings Institution. The amendment made was not to confer jurisdiction, but to make the return conform to the facts. (Forman v. Carter, 9 Kas. 674; Challiss v. Headley, 9 Kas. 684; Kirkwood v. Reedy, 10 Kas. 453.)
II. The exception that the plaintiff' named in the petition was not a proper party plaintiff, and a mere nullity, is untenable. The certificate of deposit was executed payable to the order of the plaintiff. (Esley v. The People, 23 Kas. 510.)
III. The objection to the sufficiency of the petition by the
“ If any corporation created under this or any general statute of this state, except railway or charitable or religious corporations, be dissolved leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the time of such dissolution, without joining the corporation in such suit.”
A corporation is dissolved — First, by the expiration of the time limited in its charter; second, by a judgment of dissolution rendered by a court of competent jurisdiction. (Comp. Laws of 1879, ch. 23, art. 5, § 40.) The allegations in the petition are sufficient to authorize -the commencement of an action for a dissolution of the Valley Bank and Savings Institution, but no such action has as yet been brought, and it does not appear that the corporation is dissolved; therefore the stockholders are not primarily liable to the creditors of