Legal Opinion

Verein v. Funck

Supreme Court of Iowa

Decided June 7, 1865PublishedCited by 14 opinions

Appeal from Muscatine District Court. On tbe 19tb of September, 1856, articles- of incorporation were adopted by tbe plaintiff, wbicb were duly recorded, tbe ninth section of wbicb provided that tbe corporation might be dissolved if tbe membership should at any time number less than five.

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Appeal from Muscatine District Court. On tbe 19tb of September, 1856, articles- of incorporation were adopted by tbe plaintiff, wbicb were duly recorded, tbe ninth section of wbicb provided that tbe corporation might be dissolved if tbe membership should at any time number less than five. On tbe next day tbe defendant Funck executed to said society a bond conditioned for tbe conveyance to it of a certain parcel of real estate, upon tbe terms and conditions therein expressed and contained. August 5, 1859, it was resolved, “ since only four members remained, to declare tbe Yerein dissolved,”…

1Opinion of the Court

Wright, Ch. J.

1. Corporation: dissolution. Plaintiff’s bill was properly dismissed. It is unnecessary to examine the case upon its equitable meritsj as we have n0 hesitation in affirming tbe ¿ecree below, upon the ground that the prior adjudications bar all such inquiry. The charge of fraud in obtaining the foreclosure decree is entirely unsustained. There is, therefore, really but one question as to that decree; and that is, whether there was such servicias to authorize the court to take jurisdiction of the party (the present plaintiff), and render the judgment. If plaintiff was properly in…

2Cases cited5 opinions

  1. Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
  2. Bacon v. RobertsonSupreme Court of the United States · 1856
  3. Hightower v. ThorntonSupreme Court of Georgia · 1850
  4. Boker v. ChaplineSupreme Court of Iowa · 1861
  5. Evarts v. Killingworth Manufacturing Co.Supreme Court of Connecticut · 1850

3Cited by14 opinions

  1. Liken v. ShafferDistrict Court, N.D. Iowa · 1946
  2. Dillon v. LeeSupreme Court of Iowa · 1899
  3. Muscatine Western R. R. v. HortonSupreme Court of Iowa · 1873
  4. McCarthy Co. v. Dubuque District CourtSupreme Court of Iowa · 1926
  5. Swartley v. Oak Leaf Creamery Co.Supreme Court of Iowa · 1907

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