43 Ind. App. 546 | Ind. Ct. App. | 1909
Appellants sued appellees to set aside a judgment against the United Brethren Publishing Establishment, a corporation, and in favor of the Local Endowment Board for the Central Church of the United Brethren in Christ of Rohrersville, Maryland, which, it is averred, was based upon a fraudulent claim and a fraudulent confession of judgment, all to the knowledge of all of the parties interested. It is averred that appellants, together with appellees Floyd, Barnaby, Tharp and Montgomery, constitute the board of trustees of the appellee United Brethren Publishing Establishment, and have the management of its affairs; that said named appellees constitute the majority
Neither can it be said that they are bringing the suit as interested members, since there is no averment of their being such. It does not appear that they have any personal interest in the controversy.
The complaint does not show under what statute the appellee printing establishment was organized; neither does it aver any rule requiring a trustee of such .corporation to be a member, and under such circumstances the mere averment of plaintiff that he is a member of the board of trustees is not sufficient to show such interest as to authorize the prosecution of suits of this character.
Judgment affirmed.