J. P. Calnan Construction Co. v. Brown
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolfe, Judge. This is an action in equity, in which 'plaintiff, as assignee of Gr.
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Appeal from Clinton District Court. — Hon. P. B. Wolfe, Judge. This is an action in equity, in which 'plaintiff, as assignee of Gr. Haywood & Son, claimed of one Amos Brown,Louisa, his wife, and B. C. Brown the amount of a certain note made by the former for money furnished to pay for building a house for Amos Brown upon his property, and for money advanced at request of the debtors to pay a mortgage thereon, and asked that a special lien he established for the two last-named amounts on said property. The execution of the note to Llaywood & Son, and payment by them of a certain ■sum on a…
1Opinion of the CourtWaterman, J.
1 Appellant first insists that nojudgment ■should have been rendered in plaintiff’s favor, because its •corporate capacity was neither alleged nor proved. While it is true that the failure to so allege affords ground for demurrer (Sweet v. Ervin, 54 Iowa, 101), yet we think such an objection comes too late after judgment (Andre v. Railway Co., 30 Iowa, 107). The case of The Pembinaw v. Wilson, 11 Iowa, 479, relied upon by defendant, merely holds that actions must be brought in the names of persons, natural or artificial; that a “thing” can have no standing as a plaintiff.
2 I. No complaint is…
2Cases cited2 opinions
- Steamboat Pembinaw v. WilsonSupreme Court of Iowa · 1861
- Sweet, Dempster & Co. v. Ervin & Co.Supreme Court of Iowa · 1880
3Cited by6 opinions
- Allison v. BorerSupreme Court of Kansas · 1930
- Timmerman v. BultmanMichigan Supreme Court · 1928
- Young v. InmanSupreme Court of Iowa · 1910
- Brooks v. OwenSupreme Court of Iowa · 1925
- Keeling v. PriebeSupreme Court of Iowa · 1934
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