Baltimore & Potomac Railroad v. Fifth Baptist Church

Citations

• 137 U.S. 568
• 11 S. Ct. 185
• 34 L. Ed. 784
• 1891 U.S. LEXIS 2044

Syllabus

<p>At the trial of an action of tort upon a plea of nul tiel corporation, evidence that the plaintiff, after filing a defective certificate of incorporation under a general corporation law, acted for years as a corporation, and recovered a judgment as such in a similar action against the defendant without any objection made to its capacity to sue,'is competent and sufficient to prove, it a corporation de facto, and therefore entitled to maintain this-action.</p> <p>Misnomer of a corporation plaintiff is pleadable in abatement only, and is. waive! by pleading to the merits.</p> <p>Baltimore & Potomac Railroad v. Fifth Baptist Church, 108 U. S. 317, approved.</p> <p>At a trial by' jury in a court of the United States, the presiding judge may express his opinion upon matters of fact which he submits to their-determination.</p> <p>In an action for the continuance of a nuisance, the jury cannot, for the-purpose of reducing the damages, take into consideration judgments, recovered for the earlier maintenance of the same'nuisance.</p>