Johnson v. Kessler
Supreme Court of Iowa
Appeal from Bremer District Court. — Hon. . J. B. Cleland, Judge. Action in chancery to restrain the collection of a tax voted by the electors of a township in aid of the construction of a railroad. Upon a trial on the merits plaintiffs’ petition was dismissed. They now appeal to this court.
1Opinion of the CourtBeck, J.
1 corpora ‘ raoNs^when transact busi-' — I. Counsel for plaintiffs insist that the tax voted is void for the reason that, as the stock authorized by the articles of incorporation of the company to whom the tax was voted was not all subscribed or taken, the cor-' poration was not in fact in existence. Counsel’s position, expressed in their own language, is this : “It was not in law a corporation until its required capital stock was subscribed.” The ready answer to this objection is found in the statute. The purposes and objects of an incorporation is to clothe persons who associate themselves…
2Cases cited4 opinions
- Courtright v. DeedsSupreme Court of Iowa · 1873
- Lamb v. B., C. R. & M. R.Supreme Court of Iowa · 1874
- Peoria & Rock Island R. R. v. PrestonSupreme Court of Iowa · 1872
- Funk v. Mercantile Trust Co.Supreme Court of Iowa · 1893
3Cited by7 opinions
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- Daily v. MarshallMontana Supreme Court · 1913
- Crouch v. GrayTennessee Supreme Court · 1926
- Wood v. HallSupreme Court of Iowa · 1907
- Eastern Products Corporations v. Tennessee Coal, Iron & R.Tennessee Supreme Court · 1924
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