City of St. Louis v. Whitley

BARRETT, Commissioner.

The City of St. Louis instituted this suit in equity for an accounting and to recover city funds covinously dissipated and illegally paid out and received by the defendants. The trial court sustained' the defendants’ motions to dismiss the city’s petition and upon the city’s refusal to plead further entered a final judgment in favor of the defendants. Upon this appeal by the city the question for decision is whether its petition, “so construed as to do substantial justice”, V.A.M.S. Section 509.250, states “a claim upon which relief can be granted”. V.A.M.S. Sections…