Cooper v. Nelson
Supreme Court of Iowa
Appeal from, Hamilton Oircuit Oovrrt. The petition 'alleges that the District Township of Ells-worth, in the County of Hamilton is a 'body corporate organized as a School District Township, and that the defendants, Canute C. Nelson, Henry Staley, Linsey Sowers, and John A. Cooper, constitute the board of directors thereof.
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Appeal from, Hamilton Oircuit Oovrrt. The petition 'alleges that the District Township of Ells-worth, in the County of Hamilton is a 'body corporate organized as a School District Township, and that the defendants, Canute C. Nelson, Henry Staley, Linsey Sowers, and John A. Cooper, constitute the board of directors thereof. That at their annual meeting on the 3d Monday of September, 1872, the board of directors of said district township divided the same into four sub-districts, and that sub-district No. 4 was then set off. That on the 3d of March, 1873, the electors of sub-district No. 4,…
1Opinion of the CourtDay, J.
i. mandamus: parties. . — I. It was proved upon the trial that John A. Cooper the plaintiff, is the same person as John A. Cooper, defendant. The first point made is that John A. Cooper in his individual caq>acity cannot bring’ suit against himself in an official capacity. It is well settled that at common law a party eonnot bring an action at law;, against a partnership, or a board of trustees, or other board of which he is a member. The reason assigned is that one cannot in the same action be both plaintiff and defendant. The rule is purely technical. It has no foundation in the essential…
2Cited by8 opinions
- Sawyer v. LorenzenSupreme Court of Iowa · 1910
- Cooperrider v. State ex rel. StevensNebraska Supreme Court · 1895
- Ristine v. RumlSupreme Court of Iowa · 1924
- State ex rel. Village of Chisholm v. TraskSupreme Court of Minnesota · 1923
- Andrew v. Iowa State BankSupreme Court of Iowa · 1933
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