Moore v. Ripley

The questions which arise in this case are made by the exception to the ruling of the court below in overruling a demurrer to the petition.

1. The demurrer alleges that the liability of the defendants is not plainly, fully, and distinctly set forth in the petition; that the receiver has no legal authority to institute suit, because the liability of the defendants is purely statutory and di*558rect to the creditors; that there is no community of interest between the defendants which would authorize a joint suit against them; that the receiver has no such common cause against the defendants as…