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11 N.M. 444

Aldrich v. Young

New Mexico Supreme Court

Decided April 25, 1902

New Mexico Supreme Court · decided 1902-04-25

Parker, Associate Justice. The time when and circumstances under which an assessment is necessary to be made against the stockholders of a National Bank, under sections 5151 and. 5234, Revised Statutes of the United States to enforce their personal liability for the purpose of paying its debts, as also the extent to which that liability may be enforced, are matters that rest solely in the discretion ■of the comptroller of the currency of the United States.

Appeal dismissed · Decided 1902-04-25

¶1OPINION OP THE COURT.

McMILLAN, J.

¶2This is an appeal from orders of the district court of the Third judicial district; first, vacating a former order of said court which struck out certain portions, of the plaintiff’s answer; second, from an order overruling a demurrer by plaintiff to defendant’s answer; and third, from an order of said conrt overruling plaintiff’s motion to strike out certain portions of the plaintiff’s answer.

¶3These appeals being from interlocutory orders, this court is without jurisdiction to hear or determine such appeals, as decided by this court in the case of Jung v. Myer in an opinion this day handed down involving the identical question presented by the appeal herein.

¶4The appeal should therefore he dismissed, the costs to be paid by the appellant, and it is so ordered.

Mills, C. J., McFie and Baker, JJ., concur.Parker, J. having tried the case below, did not participate in this decision.
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