Jackson v. Stallings

The controlling question in this case is whether the petition set forth a cause of action in tort for wilful fraud and deceit, personal to the plaintiffs named therein. If so, the amendments allowed were germane, and the plaintiffs were proper parties to bring the suit, and the general demurrers were properly overruled. On the other hand; if the petition, properly construed, is' an action by the plaintiffs as a class for themselves and other creditors of the same class who may see proper to join the aetiou, for the recovery of deposits due by the bank and lost by the negligence,…