Spense v. Iowa Valley Construction Co.
Supreme Court of Iowa
Appeal from Marshall Circuit Court. The petition alleges that on the 4th day of May, 1871, the plaintiff's recovered judgment against the Iowa Yalley Construction Company, an association of individuals doing business in Marshall county. That the judgment is unsatisfied. That on the 19th of June, 1871, execution was issued, and was afterward returned, no property found on which to levy. That there is no property of said company to satisfy the judgment.
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Appeal from Marshall Circuit Court. The petition alleges that on the 4th day of May, 1871, the plaintiff's recovered judgment against the Iowa Yalley Construction Company, an association of individuals doing business in Marshall county. That the judgment is unsatisfied. That on the 19th of June, 1871, execution was issued, and was afterward returned, no property found on which to levy. That there is no property of said company to satisfy the judgment. That the other individual defendants named are members of said company, and that they have received the benefit of the consideration for the…
1Opinion of the CourtDay, J.
— It seems clear to us that the demurrer was improperly sustained. The proceeding of plaintiffs is a scire facias requiring defendants to show cause why they should not be made individually liable for a judgment against the Iowa Yalley Construction Company. Defendants show for cause that said company is duly incorporated; that by the articles *410of incorporation they were not to be liable beyond the amount of their subscription; that their subscription has been fully paid. It is one of the distinguishing features of incorporations that the individual property of its members may be exempt from…
2Cited by6 opinions
- Young v. Erie Iron Co.Michigan Supreme Court · 1887
- Turner v. BaileyWashington Supreme Court · 1895
- Allis-Chalmers Corp. v. Emmet County Council of GovernmentsSupreme Court of Iowa · 1984
- State v. DuffieldWest Virginia Supreme Court · 1901
- Peck v. Coalfield Coal Co.Appellate Court of Illinois · 1882
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