Mulcahy

Plaintiff in his own behalf, and on behalf of others similarly situated, alleging that he, and they, are members of said society, brings this action to compel the distribution of a portion of the reserve fund of said society among its members."

It is alleged that said fund amounts to $2,500,000, and plaintiff seeks to have all but $750,000 thereof so distributed.

Defendants demurred to said„complaint on various grounds, many of which were sustained, and, plaintiff declining to amend, a judgment dismissing the action was entered. From this judgment he appeals.

One of the grounds upon which the demurrer was sustained (though sustained upon many others) was, that the complaint did not state a cause of action. In that regard it was urged in the court below, as it is insisted on here, that, for several reasons, said complaint is vulnerable in this respect, but particularly so because the facts therein stated do not show that plaintiff is a member of said society, or entitled to participate in said reserve fund, and, further, assuming that the complaint does show that he was a member, and that he would ultimately be entitled to participate, still there is an absence of those…