Mining Securities Co. v. Wall

delivered tbe opinion of tbe court.

Tbe plaintiff, the Mining Securities Company, a corporation, has appealed from a judgment of dismissal entered in favor of tbe defendants, Patrick Wall and Mary A. Wall, after tbe court bad sustained defendants’ demurrer to plaintiff’s complaint, and plaintiff bad refused to plead further.

The complaint contains two causes of action, each alleging the corporate existence of tbe plaintiff. The first cause of action alleges: “That on or about tbe 22nd day of November, 1929, tbe said defendants, being husband and wife, conspired together to cheat and defraud tbe…