Sligo Iron Store Co. v. Blanks

Citations

• 105 La. 663

Syllabus

<p>Syllabus.</p> <p>1. Where plaintiffs allege an obligation on the part of certain commissioners to render them an account of their stewardship of a fund of over two thousand dollars, by reason of a legal right to a participation in the distribution of the same, the Supreme Court has jurisdiction to consider the correctness of the aetioniof the District Court in sustaining an exception to the demand of no cause of action, without regard to the amount of the interest of the plaintiffs in the fund. Whether they have the right to call for such an account is a matter for later determination on the merits.</p> <p>2. A petition in which plaintiffs allege that they have a legal right to participation with others in a fund in the hands of certain commissioners, that the latter have misapplied and diverted funds to their own use and to the prejudice of plaintiffs and pray that commissioners be ordered to file an account of their actions in the premises, discloses a cause of action.</p> <p>3. An exception of “no cause of action” should be disposed of separately from other exceptions.</p>