Byington v. Mississippi & Missouri Railroad
Cases that cite this one
6 later published cases cite this decision.
- Ware v. Leffert (Iowa 1911)
- University of Chicago v. Emmert (Iowa 1899)
- State v. Fogerty (Iowa 1898)
- Sweet, Dempster & Co. v. Ervin & Co. (Iowa 1880)
- Hard v. City of Decorah (Iowa 1876)
- Andre v. Chicago & Northwestern R. R. (Iowa 1870)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Railroad Company and others are sued for a trespass upon plaintiff’s lands. There is no averment in the petition, nor does it in any way appear that the company is a firm or corporation, organized under the laws of this or any State. Neither is it averred that it is acting as a corporation. A demurrer to the petition by the company was sustained, which demurrer, among other causes, as
The company is not a natural person, and the petition should in some.manner show that as an artificial person it can sue and be sued. This may be shown in language very general, and especially in a petition against a defendant sought to be thus charged. And it might be sufficient in an action ex contractu, that the contract itself recognized the corporation, or that the petition should allege that the contract was made with the' defendant as a corporation. But when as in this case, the action is trespass, and there is nothing whatever to show the capacity of the defendant to sue or be sued, a demurrer well lies for such defect. 12 Barb, 577; 1 Chit. Pl. 28.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.