Staples v. Hobbs
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. This is a proceeding in equity, wherein the plaintiffs seek to enjoin the defendants, as officers of a mutual telephone company, from disconnecting plaintiffs’ residence from the lines of such company. There was a decree in the court below dismissing the petition. Plaintiffs appeal.
1Opinion of the Court
Evans, C. J,
The plaintiffs are husband and wife, and own and occupy a certain farm purchased by the wife from one Horniclc, a member of a mutual telephone company. The Elk Bun Mutual Telephone Company is a mutual telephone company, as its name implies, comprising a membership of twenty-five resident farmers in a certain locality in Carroll County. It is not a corporation. By the plaintiffs it is claimed to be a voluntary association ás distinguished from a partnership. By the defendants it is claimed to be a partnership as distinguished from a voluntary association. Its organization was and .…
2Cases cited1 opinion
- Manning v. PolingSupreme Court of Iowa · 1900
3Cited by3 opinions
- In Re Lamm's EstateSupreme Court of Iowa · 1954
- Lunsford v. City of BryanCourt of Appeals of Texas · 1956
- Cantril Telephone Co. v. FisherSupreme Court of Iowa · 1912