Ray v. Missouri Christian College, 18569.

• Decision Date: 04 May 1936
• Docket Number: No. 18569.,18569.
• Court: Missouri Court of Appeals
• Parties: RAY et al. v. MISSOURI CHRISTIAN COLLEGE et al.

93 S.W.2d 1030

RAY et al. v. MISSOURI CHRISTIAN COLLEGE et al.

No. 18569.

Kansas City Court of Appeals. Missouri.

May 4, 1936.

Appeal from Circuit Court, Platte County; Jos. V. Gaddy, Judge.

"Not to be published in State Reports."

Suit by Margaret Redman Ray and others against the Missouri Christian College, a corporation, and others. From a judgment in favor of certain defendants who demurred and whose demurrers were sustained, plaintiffs appealed to the Supreme Court , which transferred the case to the Kansas City Court of Appeals.

Appeal dismissed.

Terrence Riley, of Platte City, for appellants.

Culver, Phillip & Voorhees and George W. Eastin, all of St. Joseph, and James H. Hull, of Platte City, for respondents.

REYNOLDS, Judge.

Plaintiffs filed this suit in the circuit court of Platte county, Mo., seeking an accounting against Missouri Christian College, located at Camden Point, Platte county, and other named defendants who are alleged to be the directors and incorporators of said college. Eighteen of the twenty-eight named defendants filed demurrers to the petition, and one filed answer. Five do not appear to have been summoned and failed to appear. The court sustained the demurrers of the eighteen demurring defendants; and, from a judgment entered thereon, appellants appealed.

The appeal was allowed to the Supreme Court; but that court, in an opinion filed, held that the record failed to declare affirmatively facts which would, under the Constitution, vest it with jurisdiction of the appeal, and transferred the case to this court. 84 S.W.(2d) 614.

The record fails to show any hearing or trial upon the issues raised by the answer of the answering defendant or other disposition made thereof. As far as shown by the record, the answer is still pending; and the issues raised thereby are undetermined.

The judgment from which this appeal is prosecuted is as follows:

"Now, on this 28th day of April, 1932, at the regular March term of his court this cause coming on to be heard upon the petition of plaintiffs and the demurrers of defendants heretofore filed in this cause, and the court having heard said petition and said demurrers and the arguments and authorities adduced thereupon by the respective parties and having duly considered the same, the said demurrers are now sustained.

"It is, therefore, ordered, adjudged and decreed that judgment herein be and the same is hereby found against the plaintiffs and in favor of defendants and that plaintiffs take nothing in this cause and that defendants have their costs herein expended and that they have execution therefor."

It is clear upon...