The Montgomery advertiser., 1903-02-10

after object to the Jurisdiction of the court of equity of the cause as presented in such bill. nor are the respondents thereby cut off from any defense they would otherwise have had against the suit in equity.
 o. Same; right of assignee to maintain such bill.-The fact that a party seeking by bill in equity to subject unpaid sub scriptions to the stock of a judgment debtor corporation to the satisfaction of said judgment is the assignee of the judgment which it is sought to have paid, does not impede his legal remedy by garnishment. so as to give him e standing in a court of equity to maintain such suit; since, under the provisions of the statute, where suits arc brought in the name of the person having the legal right for the use of another, the beneh- ciary is considered the sole party on the record. Code. Sec. 20. and such assignee could, therefore, obtain the relief in a court of law.
 TO- Same; when bill not multifarious-- bill filed by judgment creditor of a corporation against various subscribers to the stock of a corporation, to subject their unpaid subscriptions to the satis- faction of his judgment, Is not multifa- rious or objection for misjoinder of parties respondent, when 1t Is shown by the bill that the rights sought to be as- serted by the complaint are the same against each of the respondents and the obligation of each is the same: and this is true. notwithstanding the interest and obligations of the respondents as among themselves are entirely independent and distinct.
 Il. Equity pleading: when submission of cause includes demurrer.-On the final submission of a cause on the pleadings and proof, 1t is not necessary or even proper tkat the demurrer should be set down in the note of testimony, and where there is a written submission of the lions and issues in the cause, both of law and fact. as well on the pleadings as on the evidence. such submission includes a submission on the demurrers.
 12 Bill by judgment creditor to subject unpaid subscriptions to capital stock; when can not be maintained--On a bill filed by a judgment creditor of a corpo- ration against certain stockholders there- in to subject unpaid subscriptions to the capital stock to the satisfaction of a judgment, where 1t appears that the presi- dent of the corporation, pretending he was authorized thereupon, but not having such authority, in order to induce the payment by the re- spondents of the overdue stock subscrip- ton notes. offered to purchase the stock of the subscribers who would pay their notes, and some of the defendants paid their notes and their stock was pur- chased and paid for with the assets of the corporation. the complainant is not entitled to the relief prayed for, but could maintain an action at law to re- cover the assets of the corporation so unlawfully disposed of; the corporation a md if0 An, ton complained of, received the full ben eft of the amount so paid, and having suffered injury only by the illegal and unauthorized diversion of the corporate assets in payment of the stock
 1S. Same; same.-The mere fact that the subscribers to the capital stock of a corporation, intending to defraud the cor poration and hinder it's creditors. sell their stock to a nonresident, not beliey- ing and having no reason to believe that the buyer was able to perform his prom ise to pay the subscription notes, does not confer upon a judgment creditor of said corporation the right to maintain a bill in equity to compel the original sub scrioers to the stock so sold. to pay their subscription notes; such judgment cred itor having obtained an adequate rem edy at law by garnishment proceedings.
 14. Bill by judgment creditor to sub Ject unpaid subscriptions to satisfaction or Judgment; res adJudicata; garnish- ment.-Where a judgment creditor of a corporation institutes garnishment pro- ceedings to subject alleged unpaid sub scriptions to the capital stock of a cor poration to the satisfaction of his tudR- ment, and the garnishees answer. which answer Is contested and judgment is thereafter rendered discharging the gar niShaAa In ,ksar
 the same judgment creditor, seeking to subject to the satisfaction of his iuds- ment the unpaid subscriptions to the cap itai stock of said corporation alleged to be due from those persons who were garnishees in the garnishment suit, the proceedings and judgment in the garnish- ment suit are res adjudicata as to com plainants right to recover in A suit in equity; and a plea in the subsequent equity setting up the adjudication as A bar to the relief prayed for presents a sufficient defense.
 10. Equity pleading; when cause not at issue; suppression of deposition.-A party defendant to bill in equity died before answering. and before the rendition of A decree pro confesso against him. An order of reviver was entered against his administrator, against whom a decree pro confesso was subsequently rendered, This decree pro confesso was set aside and he was allowed to answer. Deposi- lions were taken in the cause after the administrator had been made a party. and before the decree pro confesso. and also after the decree had been set aside, and before he answered. Held: That these dispositions were taken before the cause was at issue, and under Chancery Rule 4e Code, p. 1211), providing what testimony can not be taken before the cause is at issue by sufficient answer or decree pro confesso, should have been suppressed.
 16. Equity practice; when necessary to make proof of material facts-Where a bill in equity is filed against several re- spondents. whose liabilities are separate and distinct as among themselves, ma terial facts denied by any of the respon- dents should be proved, though such facts may be admitted by most of the respondents.
 bill in equity. alleging facts which would cure variance between the allegations of the bill and the proof. is material, and should not be stricken out.
 IS. Bill by judgment creditor of corpo- ration to subject unpaid subscription to satisfaction of judgment; when cross bill demurrable.-In a bill by a judgment creditor of corporation against certain stockholders, to subject their unpaid stock subscriptions to the satisfaction of the Judgment one of the respondents filed cross bill against a correspondent, alleging that cross complainant sold a certain amount of stock to cross respon-