Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 43

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...363. 2. Corporations--Foreign Corporations--Bringing Actions--Com pliance with Statutory Requirements--Peading. Noncompliance with the statutory requirements of c. 52, Sess. Laws 1901, by a foreign corporation, before it may prosecute or defend an action or do business in this state, .is a matter of defense to be pleaded by defendant, and plaintiff need not aver in its complaint, nor prove at the trial, compliance therewith.--P. 365. Appeal from the District Court of the City and County of Denver. Hon. Frank T. Johnson, Judge. Action by the Illinois Sewing Machine Company against Mark Harrison. From an order sustaining a demurrer to the complaint, and dismissing the action, plaintiff appeals. Reversed. Mr. CHAnLEs K. PHILL1P_Ps, for appellant. ' Mr. EDMUND J. CHURCHILL and Mr. C. H. COCHRAN, for appellee. This action would be replevin at common law, and is one of claim and delivery of personal property under the code. Plaintiff is a foreign corporation organized under the laws of the state of Illinois. The complaint is silent as to a compliance by it with the laws of this state concerning the right of foreign corporations to do business in, and sue in the courts of, this state. It alleges that plaintiff was the owner of the goods and chattels, possession of which de fendant wrongfully took. There was a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, that plaintiff has not the legal capacity to sue, and that it does not appear on the face of the complaint that plaintiff has complied with the provisions of sections 4 and 10, chapter 52, of the act of the general assembly of 1901 (Session Laws of 1901, _p. 116), which, among other things, requires a foreign corporation to pay more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • Illustrations, black and white
  • 1236778456
  • 9781236778451