Nye v. Kamm

— This appeal is brought by plaintiffs below, who complain of the trial court’s ruling in favor of defendant-appellees’ plea in abatement against appellants’ third amended complaint. Said complaint prayed for a discovery, inspection and accounting concerning a family trust, the management of which is in the control of the appellees.

Our purpose at this instance is not to decide the merits of the cause below, but merely to rule upon appellees’ motion to dismiss appeal or in the alternative to affirm the judgment of the lower court.

We see the necessity to mention but two of the errors alleged in…