Wheeler v. Chenault

Citations

• 63 Kan. 730
• 66 P. 1010
• 1901 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporation — Liability of Stockholders — Limitation of Action. Division 3 of section 18 of the code of civil procedure (Gen. Stat. 1901, § 4446), the same being the three-year statute of limitations, does not bar the issuance and enforcement of an execution under an order of court therefor, made in pursuance of the statute relative to the double liability of stockholders in a corporation.</p> <p>2. -Action and Issuance of Execution Distinguished. The issuance and enforcement of such an execution is not the bringing of a civil action within the meaning of said section, and such execution is based upon the order awarding it, and not upon the statutory liability of the stockholder.</p>