Ryan v. Jacques

Citations

• 103 Cal. 280
• 37 P. 186
• 1894 Cal. LEXIS 767

Syllabus

<p>Corporations—Action by Judgment Creditor to Enforce Unpaid Subscriptions of Stock—Pleading—Joinder of Causes.—An action may be brought by a judgment creditor against several stockholders in a corporation to subject an alleged balance remaining unpaid to the corporation upon the stock held by the defendant in satisfaction of a judgment recovered by the plaintiff against the corporation; and a complaint averring the several amounts of stock held by each defendant, and of unpaid subscriptions due from each, does not show a misjoinder of parties or causes of action, and is sufficient as against a general demurrer.</p> <p>Id.—Uncertainty—Ambiguity-—Failure to Demur Specially.—Where the complaint states facts showing the liability of the defendants, the complaint must be sustained, notwithstanding they are imperfectly stated, or not stated with the clearness and precision which good pleading requires, where no special demurrer for uncertainty or ambiguity is interposed.</p> <p>Id.—Construction of Pleading.—In the absence of a special demurrer, if a complaint or any allegation of the complaint is capable of different constructions, that which the plaintiff gives it, or which the court finds necessary to support the action will be given, and the pleading must be construed for the purpose of determining its effect with a view to substantial justice between the parties.</p> <p>Id.—Certainty—Pleading—Findings.—In the absence of a special demurrer that is pleaded with sufficient certainty, which is capable of being sufficiently ascertained from the complaint, and that which is sufficiently certain in findings will be sufficiently certain in the complaint.</p> <p>Id.—Findings—Admissions of Pleading—Conclusion—-Support of Judgment.—Where the complaint alleged that the par value of each share was $100, and that only $9.50 had been paid thereon, and neither of these allegations were denied, no finding is required of either fact, and the court is bound to draw the conclusion from