Rice v. Savery
Supreme Court of Iowa
Appeal from Polk District Court. Parties : real party in interest : statute construed. — The plaintiff appeals from an order of the District Court sustaining a demurrer to his petition.
Read the full summary
Appeal from Polk District Court. Parties : real party in interest : statute construed. — The plaintiff appeals from an order of the District Court sustaining a demurrer to his petition. The petition and accompanying exhibits show the following facts: That on the 9th day of May, 1856, certain citizens' of Fort Des Moines, now city of Des Moines, signed a written instrument in substance as follows: “ Whereas we deem it desirable that a spacious hotel should be erected and kept in the town of Fort Des Moines, and whereas it is suggested that such a hotel will be so erected and kept, provided a…
1Opinion of the CourtDillon, J.
1. Parties: real party in interest. The grounds of demurrer, urged in argument, are resolvable into two: Eirst, it is insisted that there is no privity of contract between the plaintiff and defendant, and hence the action is not maintainable in the plaintiff’s name. Second, it is claimed that there is a defect of parties plaintiff, inasmuch as the trustees (Sypher, Allen and White), if not the other subscribers to the loan, are necessary parties. These objections, kindred in their nature, will be considered together.
The Revision has made, great changes in relation to parties to actions. Chap.…
2Cases cited1 opinion
- Conyngham v. SmithSupreme Court of Iowa · 1864
3Cited by14 opinions
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Reed v. Adams Steel & Wire WorksIndiana Court of Appeals · 1914
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- Goodnow v. LitchfieldSupreme Court of Iowa · 1884
- Cassidy v. WoodwardSupreme Court of Iowa · 1889
9 more not listed; retrieve them via the Exa API.