McKellar v. Stout
Supreme Court of Iowa
Appeal from Dubuque City Court. Scire facias against the defendant as a stockholder of the Dubuque Times Company Corporation, on a judgment of the plaintiffs against said corporation, recovered in tbe City Court of Dubuque. Defendant’s demurrer to the petition was sustained, and judgment rendered against the plaintiff, who appeals. cited Müldam Foundery v. Hovey, 21 Pick., 455; and Gurtis v. Harlow, 12 Met., 8.
1Opinion of the CourtWright, J.
At the last June Term of this Court, it was determined, that the demurrer of defendant to tbe petition of plaintiffs was stated in such general terms as that tbe Court below should have disregarded it under § 2877 of the Revision of 1860. (See 13 Iowa, 487.) ■ Since that time the appellants have agreed to waive this objection, and present the cause for determination on its merits.
Defendant is a member of an incorporation styled tbe “Dubuque Times Company,” against wbicb plaintiffs obtained a judgment. This proceeding is instituted to make his individual property liable therefor. And tbe…
2Cases cited1 opinion
- McKellar v. StoutSupreme Court of Iowa · 1862
3Cited by5 opinions
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- Langan v. I. & M. Cons. Co.Supreme Court of Iowa · 1878
- Jessup v. CarnegieThe Superior Court of New York City · 1878