Seaton v. Grimm
Supreme Court of Iowa
Appeal from Iowa District Qourt. — 1-Ion. M. J. Wade,. Judge. The defendants are stockholders in a corporation known-as the “Farmers’ Co-Operative Creamery Association of Millersburg, Iowa.”
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Appeal from Iowa District Qourt. — 1-Ion. M. J. Wade,. Judge. The defendants are stockholders in a corporation known-as the “Farmers’ Co-Operative Creamery Association of Millersburg, Iowa.” Plaintiffs hold a judgment against the corporation, and bring this action against the stockholders to recover the balance due on their judgment, after exhausting all property of the corporation, — alleging that while tho corporation was organized on the twenty-sixth of April, 1893, it did not publish notice of incorporation until November 8, 1893. Defendants, 'among other things, pleaded that plaintiffs…
1Opinion of the CourtDeemer, J.
1 The original answer was, for convenience, •divided into paragraphs. No one of these paragraphs attempted to state a distinct affirmative defense, and th© amendment of date October 24th did not have the effect of changing the allegations contained in the seventh and eighth paragraphs of the answer. The pleader was not attempting to state a distinct affirmative defense. But, if he was, the proper manner of meeting the objection that distinct -defenses were pleaded in the same division of the answer was not by demurrer, but by motion. As paragraphs seven and eight and the amendments thereto…
2Cases cited18 opinions
- Chase v. CurtisSupreme Court of the United States · 1885
- Diversey v. SmithIllinois Supreme Court · 1882
- Globe Publishing Co. v. State BankNebraska Supreme Court · 1894
- Kleckner v. TurkNebraska Supreme Court · 1895
- Eisfeld v. KenworthSupreme Court of Iowa · 1879
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3Cited by15 opinions
- Elson v. WrightSupreme Court of Iowa · 1907
- Schumacher v. the Sumner Tele. Co.Supreme Court of Iowa · 1913
- Skutt v. DillavouSupreme Court of Iowa · 1944
- Haugen v. Humboldt-Kossuth Joint Drainage District No. 2Supreme Court of Iowa · 1941
- Commercial National Bank Bluffs v. GilinskySupreme Court of Iowa · 1909
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