Lord v. Bigelow
Supreme Court of Vermont
This was an action of ejectment for certain lands in the township of Wheelock, described in plaintiff’s declaration. Plea — the general issue, and also a plea in bar that there was no such corporation as plaintiffs claim to be. Upon both which pleas, issues were joined to the country.
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This was an action of ejectment for certain lands in the township of Wheelock, described in plaintiff’s declaration. Plea — the general issue, and also a plea in bar that there was no such corporation as plaintiffs claim to be. Upon both which pleas, issues were joined to the country. The plaintiff offered to support the issues on his part by the testimony of Mills Olcott, Esq., to whose testimony the defendants objected; but Mr. Olcott testifying that he is the Secretary of the Board of Trust of Dartmouth College, and has the custody of the records, which were produced in court, and further…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The plaintiff sues as President of Moor’s Charity School and successor of John Wheeloek ; as a corporation sole.
As his corporate capacity is denied and is expressly put in issue by the pleadings, it was incumbent on him to make proof of this allegation. It is not important to enquire whether the pleas were good or not. There is no doubt that when a corporation commence an action in their corporate name, they must make proof of the fact if required.
In the supreme court of U. S., it has been decided, that if a defendant means to insist…
2Cited by10 opinions
- Shelton v. Southern Ry. Co.District Court, E.D. Tennessee · 1918
- North Troy Graded School District v. Town of TroySupreme Court of Vermont · 1907
- Davis v. MoylesSupreme Court of Vermont · 1903
- Nadeau Et Ux. v. Union Mut. Fire Ins. Co.Supreme Court of Vermont · 1938
- Union Co-Operative Store v. FumagalliSupreme Court of Vermont · 1935
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