Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 58
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. 1921 edition. Excerpt: ...the fact that plaintiff or defendant is a corporation.." As sustaining the above proposition, a long list of the most respectable authorities is cited. We find this same proposition of law laid down in 7 Ruling Case Law, in section 700, at page 697. Cyc. cites for the minority view cases from California, Connecticut, Texas and Iowa. 7 Ruling Case Law, in section 701, at page 698, cites an Idaho and South Dakota case to sustain the minority view. California, in the case of Los An-geles Ry. Co. v. Davis, 146 Cal. 179, 106 Am. St. Rep. 20, 79 Pac. 865, overruled her early decisions, and adopted the majority rule that a complaint is not insuflicient by reason of the failure to allege the corporate existence of a corporation. This rule was again aifirmed in the case of Crouch v. H. L. Miller db Co., 169 Cal. 341, 146 Pac. 880. The courts of Iowa by two late decisions have adopted the majority rule. The leading case for the minority is the case of Miller v. Pine Min. Co., 3 Idaho, 493, 35 Am. St. Rep. 289, 31 Pac. 803, but that case has been expressly overruled by the late case of Fegtly v. Village Blacksmith Mining Co., 18 Idaho, 536, 111 Pac. 129. Upon investigation we find that the rule of law laid down in 10 Cyc., at pages 1347, 1348, that it is not necessary to allege the fact that plaintifi or defendant is a corporation is the law in the following states, to-Wit: Alabama, California, Illinois, Georgia, /Indiana, Idaho, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, Virginia, West Virginia, Wisconsin, United States and England. As opposed to this rule, we find the citations to an early Connecticut case and a Texas case and...
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