Hilton Bridge Construction Co. v. Foster

The defendant Rockerfeller demurs to the complaint on the grounds: First, that there is a defect of parties; and, second, that the complaint does not state a cause of action.

The plaintiff sues for itself as well as for others similarly situated. The suit is brought to procure an adjudication that certain receiver’s certificates are a first lien upon what is known as the Lebanon Springs railroad, and for the foreclosure of such lien.

The complaint alleges that such certificates to the amount of $23,000 were issued in' sums of $1,000 each, pursuant to the order of the court to pay the plaintiff…