Kittinger v. Churchill Evangelistic Ass'n

The order appealed from dismisses the plaintiff’s complaint on the ground that the plaintiff had not capacity to sue. The defendants’ motion to dismiss was made under the provisions of subdivision 3 of rule 107 of the Rules of Civil Practice. The order upon which the motion was brought on required the plaintiff to show cause “ why the complaint herein should not be dismissed and the defendants have judgment accordingly, upon the ground that the plaintiff is not a party in interest and has not legal capacity to sue, he — said plaintiff — having resigned as a trustee under the voting trust…