Mr. Justice DAVIS delivered the opinion of the court.
It is unnecessary to notice the last two reasons assigned, why the demurrer should not have been overruled, as the first is well taken. Indeed, it would be improper to pass on the merits of the controversy until the proper parties to be affected by the decision are before the court.
That a stockholder may bring a suit when a corporation refuses is settled in Dodge v. Woolsey,
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