Winona Lumber Co. v. Church
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. . Action by the Winona Lumber Company against Charles G. Church and others to recover for lumber sold and delivered. From a judgment dismissing the action, plaintiff appeals. The facts are stated in the opinion. The objection of non-joinder in actions against part of the members of a voluntary unincorporated association must be raised by plea in abatement.
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Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. . Action by the Winona Lumber Company against Charles G. Church and others to recover for lumber sold and delivered. From a judgment dismissing the action, plaintiff appeals. The facts are stated in the opinion. The objection of non-joinder in actions against part of the members of a voluntary unincorporated association must be raised by plea in abatement. After a defense has been interposed in such an action upon the merits the objection of nonjoinder will not be considered by the court. Davidson v. Holden, 55 Conn, 158;…
1Opinion of the CourtKellam, J.
The complaint of the appellant, who was plaintiff in ,the court below, after alleging its incorporation, as its cause of action against respondents as defendants alleged as follows: “Second, that upon the 1st day of June, 1889, certain persons of the city of Watertown, South Dakota, met together and organized a voluntary, unincorporated association under the name of the Watertown Trotting Association, with the following persons as officers thereof: The defendant Charles G. Church as the president; the defendant J. E. Kelley as the vice president; the defendant Ole Gesley as the treasurer, and…
2Cases cited9 opinions
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