Byington v. Mississippi & Missouri Railroad
Supreme Court of Iowa
Appeal from Johnson District Court. cited Dralce v. Board of Trustees of the Normal School at Oslcaloosa, ante; Chit. PI. 286; Lloyd v. Looring, 6 Yer. 773; Cooper Ecp PI. 164; Stoddard v. Onandaga Annual Conference, 13 Barb. S. C. R. 577; State v. Vermont Railroad Company, 28 Yerm. 586; 6 Calf. 258.
1Opinion of the CourtWright, J.
The Railroad Company and others are sued for a trespass upon plaintiff’s lands. There is no averment in the petition, nor does it in any way appear that the company is a firm or corporation, organized under the laws of this or any State. Neither is it averred that it is acting as a corporation. A demurrer to the petition by the company was sustained, which demurrer, among other causes, as*503signs that it is not shown that defendant is a corporation op partnership, or capacitated to be sued in this action.
The company is not a natural person, and the petition should in some.manner show that as an…
2Cited by6 opinions
- State v. FogertySupreme Court of Iowa · 1898
- University of Chicago v. EmmertSupreme Court of Iowa · 1899
- Hard v. City of DecorahSupreme Court of Iowa · 1876
- Sweet, Dempster & Co. v. Ervin & Co.Supreme Court of Iowa · 1880
- Andre v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1870
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