Washington College v. Duke
Supreme Court of Iowa
Appeal from Washington District Court. The facts are fully stated in the opinion of the court. I. The Washington College was not an incorporation before November 12, 1858, when the acts required by law to constitute it such were completed. Ang. & Ames Corp., 81-85; 1 Bla. Com., 468, et seq.; Code of 1851, §§ 673, 675; Carey v. The Cincinnati and Chicago Railroad Company, 5 Iowa, 337; McDonald v. Gray, 11 Id., 508. II.
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Appeal from Washington District Court. The facts are fully stated in the opinion of the court. I. The Washington College was not an incorporation before November 12, 1858, when the acts required by law to constitute it such were completed. Ang. & Ames Corp., 81-85; 1 Bla. Com., 468, et seq.; Code of 1851, §§ 673, 675; Carey v. The Cincinnati and Chicago Railroad Company, 5 Iowa, 337; McDonald v. Gray, 11 Id., 508. II. The burden of showing an incorporation is upon the plaintiff. Ang. & Ames, 632, and authorities referred to in' the note ; Onondaga County Bank v. Carr, 17 Wend., 443; The…
1Opinion of the CourtLowe, J.
In July, 1854, Washington College was founded and located in the town and county of Washington, of this State, under the auspices of the Associated Presbyterian Church of Iowa. At the same time, articles of incorporation were adopted, which, among other things, provided for the appointment of a board of trustees by said presbytery, and declared the corporate name, location and object of said collegiate institute.
Although these articles were filed at once for record in the office of the Recorder, they were not in fact recorded, for some reason, until the 12th day of November, 1858.…
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