McCleery v. McCleery-Dudley Lumber Co.

The opinion of the court was delivered by

Hopkins, J.:

The question presented here is whether the statutory trustees of a defunct corporation (R. S. 17-808) may prosecute an action on behalf of its stockholders’ and creditors where a receiver has been regularly appointed and has charge of its affairs under direction of the court.

To plaintiffs’ petition the defendants filed a motion to dismiss as on a plea in abatement (R. S. 60-2902). The motion was sustained, and plaintiffs appeal.

The court found:

“That the cause of action, set forth in the petition filed in this case is vested in the receiver…