Ohio Supreme Court December 15, 1831 (Methodist Episcopal Church v. Wood)

*Judge Wright

charged the jury:

If the defendant intended to object the want of capacity in the-plaintiffs to sue, he should have pleaded that matter specially, in abatement or bar. He has pleaded the general issue. This admits the capacity of the plaintiffs to sue in the corporate character they have described for themselves. 1 Peters, 386, 450; 4 Peters, 591; 1 Bos. & Pul. 40; 1 Mass.