Burtt v. Barnes

This is an appeal from an order sustaining the demurrer to the petition for the removal of the respondent, as assignee in a voluntary assignment of the State Rank of Manitowoc, by the creditors of said bank. The demurrer was sustained on two grounds: (1) That the petitioners have no legal capacity to sue or proceed herein for or in behalf of any party or person other than them*521selves, and no authority from such other persons to do so is shown; and the statute (sec. 1702, R. S.) requires each creditor to make application for himself. (2) That the petition does not state facts sufficient to…