Austin Western Co. v. Township of Weaver
Supreme Court of Iowa
Appeal from Humboldt District Court.— IíoN. A. D. Bailie, Judge. This is an action to recover the purchase price of a road grading machine, sold by plaintiff to defendant township. On a trial to a jury the defendant moved, at the close of all the evidence, that a verdict be directed in its favor, which motion was sustained, and, from a judgment on such verdict, the plaintiff appeals.
1Opinion of the CourtMcClain, J.
1. Civil township: action against: jurisdiction: waiver. One of the grounds for sustaining defendant’s motion for a directed verdict was that defendant is not a corporation nor a legal entity, and that no judgment could properly be rendered against it for that reason, and we think that this ground of the motion was well taken. It has been repeatedly held that a civil township is not a corporation and cannot be sued. Township of West Bend v. Munch, 52 Iowa, 132; Wells v. Grubb, 58 Iowa, 384; Bells v. Dermody, 114 Iowa, 344; Hanson v. Cresco, 132 Iowa, 533. This objection appears on the face of…
2Cases cited11 opinions
- Frum v. KeeneySupreme Court of Iowa · 1899
- Hanson v. City of CrescoSupreme Court of Iowa · 1906
- Hook v. Garfield Coal Co.Supreme Court of Iowa · 1900
- Brown v. CunninghamSupreme Court of Iowa · 1891
- Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
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3Cited by7 opinions
- Brandtjen & Kluge, Inc. v. BiggsOregon Supreme Court · 1955
- Ridley v. Portland Taxicab Co.Oregon Supreme Court · 1919
- Therrien v. First National Stores, Inc.Supreme Court of Rhode Island · 1939
- Hop v. BrinkSupreme Court of Iowa · 1928
- Baehr-Shive Realty Co. v. Stoner-McCray SystemSupreme Court of Iowa · 1936
2 more not listed; retrieve them via the Exa API.