Hampson v. Weake
Supreme Court of Iowa
Appeal from the Jefferson District Court. The Fairfield and Mount Pleasant Plant Road Company, was organized as a corporation, in April, 1851. J. C. "VYeare obtained judgment against that company, in the District Court, in Jefferson county, at the October term, 1853. An execution was issued against the company, and in February, 1854, the sheriff returned that no corporate property could be found, in accordance with the act of 22d February, 1847, § 19, (Stat. 1847,103).…
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Appeal from the Jefferson District Court. The Fairfield and Mount Pleasant Plant Road Company, was organized as a corporation, in April, 1851. J. C. "VYeare obtained judgment against that company, in the District Court, in Jefferson county, at the October term, 1853. An execution was issued against the company, and in February, 1854, the sheriff returned that no corporate property could be found, in accordance with the act of 22d February, 1847, § 19, (Stat. 1847,103). Thereupon, in pursuance of the same section, a notice was served upon the president and several of the directors of the said…
1Opinion of the Court
"Woodward, J.[1]
The first question is, whether the injunction was properly granted. The District Court had jurisdiction of the subject matter, and personal service was made on the president and several directors of the corporation. Thus far, therefore, there is no question. But the petitioners complain that in the proceeding to charge the members of the corporation, they had no notice, and, therefore, as we understand, they intend to infer that the j udgment ordering execution against them, is invalid. The Constitution, (Art. 8, § 2,) provides that: “ The stockholders (of corporations) shall…
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