State v. Butterworth
Supreme Court of Iowa
Appeal from, the Webster District Court. This is an action for trespass, brought in the name of “ The State of Iowa, who sues for the use and benefit of the Des Moines navigation and railroad company,” for trespass on certain lands “belonging to, and being the property in fee simple, of the said State of Iowa.”
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Appeal from, the Webster District Court. This is an action for trespass, brought in the name of “ The State of Iowa, who sues for the use and benefit of the Des Moines navigation and railroad company,” for trespass on certain lands “belonging to, and being the property in fee simple, of the said State of Iowa.” The defendant demurred to the petition, for the following reasons: 1. It appears by said petition, that the plaintiff has no interest in the subject matter of the suit. 2. The real party in interest should sue for a trespass, and not another, for his use. 8. The state of Iowa cannot…
1Opinion of the Court
Woodward, J.(1) — This court has decided that this manner of bringing a suit — this form and allegation — will not defeat it, and it is not a ground of demurrer, either in contract or in tort. Section 1676 of the Code, providing that civil actions must be prosecuted in the names of the real parties in interest, has reference undoubtedly, at least in part, to sections 949 and 952, which make claims assignable by writing, which before were not, so as to enable the assignee to sue in his own name. If, in a suit brought in the name of the assignor of a contract so assigned, it should appear that…
2Cited by4 opinions
- First National Bank v. Carpenter, Stibbs & Co.Supreme Court of Iowa · 1875
- Fleming v. MershonSupreme Court of Iowa · 1873
- Scott ex rel. Bolenbaugh v. GrangerSupreme Court of Iowa · 1856
- Fleming v. MershonSupreme Court of Iowa · 1873