44 Iowa 512 | Iowa | 1876
Surely it can be no ground of defense to the remaining sixteen independent districts, whose corporate existence and legal capacity are not denied, that the District Township of Oskaloosa cannot be sued. Suppose the want of capacity of the District Township of Oskaloosa had not appeared upon the face of the petition. Could the other defendants, whilst admitting their own corporate capacity, defend themselves by showing that their co-defendant, the District Township of Oskaloosa was not a corporation ? Manifestly not. The only causes of demurrer admissible are prescribed in the Code, section 2648. The cause here assigned is not one of them. The petition, at the most, contains a misjoinder of parties defendants. Such objection is not ground of demurrer. Pinckney v. Wallace, 1 Abbott, 82; Voorhies v. Baxter, Id., 44. It. can be taken advantage of only by a motion to strike out the name of the party improperly joined. Dean v. English, 18 B. M. 136.
It follows for the various reasons considered that the demurrer was improperly sustained. .No other question is properly presented for our consideration.
Reversed.