Kiesel v. Bybee
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens, Judge. Action by the plaintiff to recover judgment and decree of foreclosure. Judgment for plaintiff and defendants appeal. Where the statute requires certain acts to be done, before a foreign corporation can be considered in esse, the complaint must show that such acts have been done.
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APPEAL from the District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens, Judge. Action by the plaintiff to recover judgment and decree of foreclosure. Judgment for plaintiff and defendants appeal. Where the statute requires certain acts to be done, before a foreign corporation can be considered in esse, the complaint must show that such acts have been done. (1 Estee’s Code PL, 3d ed., p. 202.) When a foreign corporation comes into court .... the court cannot know of its legal existence. It is a question of fact upon which issue may be taken, evidence may be…
1Opinion of the CourtAilshie, C. J.
A motion has been made in this case to dismiss the appeals on the ground that no sufficient undertaking was filed. The appeal was taken from both the judgment and an order denying a motion for a new trial. A new and additional undertaking was filed in this court and approved on January 31st of this year. This undertaking, however, is given only upon the appeal from the judgment. As to that appeal it is specific and sufficient. There being no undertaking, however, on the appeal from the order denying a motion for a new trial, that appeal must be dismissed, and it is so ordered.
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2Cases cited1 opinion
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
3Cited by12 opinions
- Bonham National Bank of Fairbury v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1910
- Tarr v. Western Loan & Savings Co.Idaho Supreme Court · 1909
- Southeast Securities Co. v. ChristensenIdaho Supreme Court · 1945
- Albrethson v. Carey Valley Reservoir Co.Idaho Supreme Court · 1947
- Bettilyon Home Builders Co. v. PhilbrickIdaho Supreme Court · 1918
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