Salmon v. Rural Independent School Dist. of Allison
U.S. Circuit Court for the District of Northern Iowa
At Raw. Action on bonds and coupons issued by the independent school district of Riverside. Jury trial waived, and case submitted to the court.
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At Raw. Action on bonds and coupons issued by the independent school district of Riverside. Jury trial waived, and case submitted to the court. From the evidence submitted and the stipulations signed by the parties the court finds the facts to be as follows: (1) The plaintiff, Charles B. Salmon, is now, and was when this action was begun, a citizen of the state of Wisconsin, and the defendants the rural independent school districts of Allison and Jackson were when this action was brought, and now are, corporations created under the laws of the state of Iowa, and the amount involved in the…
1Opinion of the CourtShiras, District Judge
(after stating the facts as above). The first question presented for determination in this case is whether the action in the name of the plaintiff can be maintained on the bonds which are the property of Mrs. Cora Andrews, it being claimed on part of the defendants that the provisions of section 3459 of the Code of Iowa, declaring that actions must be prosecuted in the name of *241the real party in interest, forbids bringing a suit in the name of an agent. In Abell Note Co. v. Hurd, 85 Iowa, 559, 52 N. W. 488, the state Supreme Court, in construing this section of the Code, declared the law to be…
2Cases cited7 opinions
- Collins v. GilbertSupreme Court of the United States · 1877
- Independent School Dist. of Sioux City v. RewCourt of Appeals for the Eighth Circuit · 1901
- Burr v. Des Moines R. & Nav. Co.Supreme Court of the United States · 1864
- Village of Kent v. DanaCourt of Appeals for the Sixth Circuit · 1900
- Fairfield v. Rural Independent School Dist. of AllisonCourt of Appeals for the Eighth Circuit · 1902
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3Cited by3 opinions
- Bierce v. State Nat. Bank of Memphis, Tenn.Supreme Court of Oklahoma · 1912
- Gamble v. Rural Independent School Dist.U.S. Circuit Court for the District of Northern Iowa · 1904
- Gamble v. Rural Independent School Dist.Court of Appeals for the Eighth Circuit · 1906