Morrison Waite

“ A demurrer to a complaint because it does not state facts sufficient to constitute a cause of action, is equivalent to a general demurrer to a declaration at common law, and raises an issue which, when tried, will finally dispose of the case as stated in the complaint, on its merits, unless leave to amend or plead over is granted. The trial of such an issue is the trial of the cause as a cause, and not the settlement of a matter of form in proceeding. ”

“ Nott was the holder of 300 shares of the stock of the mining company, and the several individual defendants were trustees and directors. The prayer of the complaint was, in substance, that the individual defendants might be adjudged to be trustees as to the amount in money represented by 1,000,000 shares of the capital stock of the company, and collectively and severally decreed to account concerning the same, and that they might also be severally adjudged to account for the gains and profits received by each of them from the sale of the stock. ”

“ The suit was begun on the second of March, 1883, in the supreme court of New York by Eliphalet Nott, a citizen of New York, for himself and all others who should come in and be made parties to the action and contribute to the expenses, against Las Nueve Minas de Santa Maria Gold & Silver Mining Company, a New York corporation, John B. Alley, a citizen of Massachusetts, and certain other persons, some of whom were citizens of Illinois, and others, citizens of New York. ”