Wells v. Stomback
Supreme Court of Iowa
Appeal from Jasper Gweuit Gov/rt. The defendant Stomback was elected road supervisor of district No. 10 in "Washington township, and gave a bond for the faithful performance of the duties of his office. This action was brought on such bond. The cause was referred and a finding of facts made by the referee, on which judgment was rendered for the plaintiff and defendants appeal.
1Opinion of the Court
Seevers, Ch. J".
*377i township-cannot sue. 2substtSonóf *376I. The amount in controversy being less than one hundred dollars certain questions have been *377certified as to which it is said to be desirable to have the opinion of the Supreme Court. The original petition was' entitled “Washington Township by W. B. Wells, township clerk, Kennedy, Lore, and Kingdon, township trustees,” as plaintiff, and stating the cause of action upon which judgment was afterwards rendered. A demurrer to the petition was- sustained on the ground plaintiff had no legal capacity to sue. Whereupon an amendment to the petition…
2Cases cited2 opinions
- Long v. EmsleySupreme Court of Iowa · 1881
- Township of West Bend v. MunchSupreme Court of Iowa · 1879
3Cited by8 opinions
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Sears v. DunbarOregon Supreme Court · 1907
- Gross v. HockerSupreme Court of Iowa · 1952
- Hanson v. City of CrescoSupreme Court of Iowa · 1906
- Myers v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1911
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