Huntington Manufacturing Co. v. Schofield
Indiana Court of Appeals
From Huntington Circuit Court; G. W. Watkins, Judge. Action by William C. Schofield and others against the Huntington Manufacturing Company. From a judgment for plaintiffs, defendant appeals.
1Per curiam
Appellees sued appellant upon an account, .averring appellant to be a corporation. Appellant answered in two paragraphs, first the general denial, and second a verified answer that when the “cause of action accrued no such corporation existed as the defendant.” The cause was tried upon its merits resulting in a verdict and judgment for •appellees. Overruling a motion for a new trial is assigned as error.
If the second paragraph of answer is a plea in abatement it could not be pleaded with an answer in bar. Under the .general denial appellant, as a corporation, defended the action on its…
2Cases cited3 opinions
- Baker v. NeffIndiana Supreme Court · 1880
- Williamson v. Kokomo Building & Loan Fund AssociationIndiana Supreme Court · 1883
- Indiana Bond Co. v. OgleIndiana Court of Appeals · 1899
3Cited by2 opinions
- Shields v. PylesIndiana Supreme Court · 1912
- Aetna Life Insurance Co. v. WeatherhoggIndiana Court of Appeals · 1936