8 J FEDERAL :.REPOn*r1m.
the same, unless the persons from whom the said sums may be due shall
be wholly insolvent, and for this purpose may prosecute actions," etc.
The bill further states that the, directors are about to sell the stock of
the plaintiff himself and,ot,hers,,though it does not state whether for an
unpaid assessment or for some other cause. It appears that the capital
stock of the company was $5,000,000.
It seems to me that the language, “and if there shall be any sums duc,"
etc., must be construed by the considerations coming from the nature of
and parties to the suit. The suit is brought by a stockholder to prevent
waste, and to wind up the affairs 'of acorporation. The amount of in-
debtedness is not alleged, further than that the corporation is averred to
be insolvent. The creditors are not complainants. Nobody is a party
or is asked tobecome a party complainant except stockholders. Under.
these circumstances, and "upon these. facts, I construe the language giv-
ing the receiver power to Qbring suitj-i. e., the words " if there shall be
any sums due upon the shares ofthe capital stock"+to meanto bring
suits, "or;if:in the course of litigation the court shall order any assess-
ment."[,_ It__was.`intended   tHesefwords,not to levy an assessment, but
to give authority to collect whatever assessments should thereafter be
levied, `My opinion is that there was here no action of the court mak-
ing what is termed a"‘ call`? or assessment upon the stockholders for the
payment of their subscriptions. Therefore I must still hold that the
plea of prescription is overruled. It follows that judgment must go for
the plaintiff.
As to the time of entering this judgment. None of these numerous
causes are appealable. This is a suit brought by a trustee to wind up
_ the atlairs ofoa corporation whose debtors reside in many states. There
will be no inconvenience caused to him if there should be a delay in
entering these judgments., providedlthere is security given. Therefore
a motion may be made, at any time within 10 days,`by any of the de-
fendants, upon their giving bond with security for the payment of any
judgment which shall be ultimately rendered against them in the cause.
Upon such motion being made, and such a bond being given, (say to
exceed by one-fourth the amount claimed in the petition,) the court will .
take under advisement the motion, and hold the same until the question
of rescission of the order to pay the assessment is passed upon in the
appellate chancery court in Virginia. In the other cases judgment will
. be entered and signed at the end of 10 days.