Trustees of the Society of the Methodist Episcopal Church v. Tryon
Court for the Trial of Impeachments and Correction of Errors
Demurrer to replication. The declaration is in assumpsit, the plaintiffs named therein, being “ The Methodist Episcopal Church in the village of Little Falls.” Plea in bar, nul tiel corporation.
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Demurrer to replication. The declaration is in assumpsit, the plaintiffs named therein, being “ The Methodist Episcopal Church in the village of Little Falls.” Plea in bar, nul tiel corporation. Replication, setting forth, in detail, the incorporation of a religious society, pursuant to the general act of April 5th, 1813, by the name of “ The Trustees of the Society of the Methodist Episcopal Church in the village of Little Falls,” and containing an averment that the plaintiffs and the body corporate thus created "are one and the same identical body corporate, and not other or different,”…
1Opinion of the Court
By the Court, Beardsley, J.
The defendant pleads in bal that the plaintiffs were not at the commencement of the suit, and are not now, a body politic and corporate, and have no right as such to commence or prosecute said suit.
At common law this plea would have been bad as amounting only to the general issue. The latter would put the existence of the plaintiffs as a corporation in issue, and it must be proved on the trial or a recovery could not be had. Nul iiel corporation would raise no other question, and for that reason was bad at common law' as a plea in bar. (The Bank of Utica v. Smalley,…
2Cited by10 opinions
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- School District No. 14 v. GrinerSupreme Court of Kansas · 1871
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