52 Iowa 132 | Iowa | 1879
tion cannot be maintained, and the demurrer should have been sustained upon the ground that the plaintiffs have not legal capacity to sue.
A township, under our system of government, is not a corporation authorized to sue and be sued. It is no more than a legal subdivision of the county for governmental purposes Its officers are paid for tlieir services by the county, except in special cases where payment is required to be made by private persons. Code, sections 3808-9-10. Any person elected to a township office, and refusing to qualify, shall forfeit five dollars, which may be recovered by action in the naihe of the county for the use of the school fund of the county. Section 394. These, and other provisions of the Code, indicate clearly that civil townships have no corporate powers, as such. It is true certain duties are imposed upon township officers. They may,
The judgment of the court below in sustainingtbe demurrer will 'be affirmed, upon the ground, however, that tbe plaintiffs-have not legal capacity to sue.
Affirmed-.