Prange v. City of Marion

Plaintiff brought a suit for accounting against defendant, city of Marion, based upon two grounds; first, for money had and received by defendant for use of plaintiffs and negligently withheld from them, and second, for money due plaintiffs for losses and damages sustained by reason of the wrongful, unlawful and negligent acts and omissions of defendant as a trustee. The latter filed its motion to dismiss the complaint, or, in the alternative, to strike certain paragraphs therefrom.

The motion was overruled as to the allegations referring to the first ground alleged for recovery, and as to…