Marvick v. Knight

MISER, C.

This appeal is from an order overruling a demurrer to a complaint, the grounds of demurrer being: First, that the plaintiffs have not legal capacity to sue; second, that there is a defect of parties plaintiff; third, that said complaint does not state facts sufficient to constitute a cause of action. The complaint is as follows:

“(i) That the plaintiffs herein, prior to the commencement of this action, were by the creditors of the Citizens’ National Bank of Sisseton, S. D., appointed as the trustees of said creditors for the purpose, among other things, of collecting all accounts due…