Miller v. Geerlings

This is a class action by plaintiffs individually and in behalf of holders of preferred shares of capital stock of a corporation. Plaintiffs asked judgment and declaration of rights against a guarantor who had defaulted.

The defendant filed no answer. No testimony was offered. The matter was before the trial court and is before us on the petition, various motions, resistances, supporting affidavits, findings and rulings.

Pursuant to rule 102, Rules of Civil Procedure, we accept as established facts pleaded and not denied. We also accept the admissions of defendant in his affidavit attached to…