Fegtly v. Village Blacksmith Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, in and for the County of Owyhee. Hon. Ed. L„ Bryan, Judge. Action by the plaintiff for debt. Judgment for the plaintiff and defendant appealed. The complaint utterly fails to allege that the defendant is a corporation properly incorporated, the state of its incorporation or its principal place of business.
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APPEAL from the District Court of the Seventh Judicial District, in and for the County of Owyhee. Hon. Ed. L„ Bryan, Judge. Action by the plaintiff for debt. Judgment for the plaintiff and defendant appealed. The complaint utterly fails to allege that the defendant is a corporation properly incorporated, the state of its incorporation or its principal place of business. (Citing cases embodied in opinion as cited by appellant; Martin v. Cook,. 14 N. Y. Supp. 329; Oesterreicher v. Sporting Times Pub. Go., 5 N. Y. Supp. 3; Mechanics’ Banking Assn. v. Spring Valley S. & L. G., 13 How. Pr. 227.)…
1Opinion of the CourtAilshie, J.
The question to be determined in this case is the sufficiency of the allegations of the complaint. The defendant filed a general demurrer to the complaint which was overruled. The objection raised is that the complaint fails to show whether the defendant is a corporation, copart-nership, joint stock company, or the nature of its existence. In the caption to the complaint the defendant is designated “Tillage Blacksmith Mining Co., a corporation.” The only mention of the character of defendant’s existence in the body of the complaint is found in paragraphs 1 and 4. Paragraph 1 contains the…
2Cases cited9 opinions
- Oroville & Va. R.R. v. Supervisors of Plumas Cty.California Supreme Court · 1869
- People v. Central Pacific RailroadCalifornia Supreme Court · 1890
- Loup v. California Southern RailroadCalifornia Supreme Court · 1883
- Leader Printing Co. v. LowrySupreme Court of Oklahoma · 1899
- Miller v. Pine Mining Co.Idaho Supreme Court · 1892
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3Cited by6 opinions
- State v. RamirezIdaho Supreme Court · 1921
- Trask v. Boise King Placers Co.Idaho Supreme Court · 1914
- Empire Mill Co. v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1915
- Northwestern Hardware & Steel Co. v. WinnettMontana Supreme Court · 1923
- Hoebel v. Utah-Idaho Livestock Loan Co.Idaho Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.