Legal Opinion

First National Bank v. Davies

Supreme Court of Iowa

Decided June 12, 1876PublishedCited by 11 opinions

Appeal from, 8oott Circuit Court. On tbe 29th day of July, 1874, the plaintiff filed a petition as follows: “That John L. Davies, in his lifetime, became a member of and a stockholder in the Davenport Railway Construction Company, a corporation organized for pecuniary profit, under the provisions of Chapter 52, Revision of 1860, and the statutes passed since that time supplemental thereto and amendatory thereof, and was a member of said corporation at the time of his death;…

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Appeal from, 8oott Circuit Court. On tbe 29th day of July, 1874, the plaintiff filed a petition as follows: “That John L. Davies, in his lifetime, became a member of and a stockholder in the Davenport Railway Construction Company, a corporation organized for pecuniary profit, under the provisions of Chapter 52, Revision of 1860, and the statutes passed since that time supplemental thereto and amendatory thereof, and was a member of said corporation at the time of his death; and, as appears from a list of the stockholders of said company, furnished by the secretary thereof, is now a member or…

1Opinion of the CourtDay, J.

1. coBPOBAof artSióíesnfc tary of state. The petition alleges, and the demurrer admits, that the Davenport Railway Construction Company did not file its articles of incorporation in the office of the Secretary of State, within three months after said articles were filed in the office of the recorder of deeds of Scott county, and that said articles were not so filed at the time of the commencement of this suit. The articles of incorporation in question were filed in the office of the recorder of deeds, on the 17th day of May, 1871.

The law in force at that time, Revision, section 1152, as…

2Cases cited3 opinions

  1. Dishon v. SmithSupreme Court of Iowa · 1859
  2. District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
  3. McKellar v. StoutSupreme Court of Iowa · 1862

3Cited by11 opinions

  1. Jessup v. . CarnegieNew York Court of Appeals · 1880
  2. Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
  3. State Ex Rel. Halbach v. ClaussenSupreme Court of Iowa · 1933
  4. Seaton v. GrimmSupreme Court of Iowa · 1899
  5. Eisfeld v. KenworthSupreme Court of Iowa · 1879

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