Alley v. Bowen-Merrill Co.
Supreme Court of Arkansas
Appeal from Polk Circuit Court. Joee D. Conway, Judge. STATEMENT BY THE COURT. This is a suit begun in a justice’s court on the 2d day of August, 1902, by Bowen-Merrill Company, a corporation under the laws of Ohio, against Glitsch & Alley, a law firm.
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Appeal from Polk Circuit Court. Joee D. Conway, Judge. STATEMENT BY THE COURT. This is a suit begun in a justice’s court on the 2d day of August, 1902, by Bowen-Merrill Company, a corporation under the laws of Ohio, against Glitsch & Alley, a law firm. Omitting the caption, the complaint filled in justice’s court by ■said corporation sets forth the following allegations: “That the said Bowen-Merrill Company is a corporation •organized under the laws of the State of Ohio, and doing business in Indianapolis, in the State of Indiana, with a branch house :at Kansas .City, Mo. That the said…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Two questions are presented:
First, is J. I. Alley, the appellant, liable on the contract made by Glitsch, his law partner, without his knowledge or consent ?
Second, can the Bowen-Merrill Company bring this suit and maintain it in this State, it being an Ohio corporation, withóut filing here its articles of incorporation and appointing an agent ?
1. Upon the first question the trial court declared the law as follows over defendant’s objection, which was declaration No. 4:
“In a partnership for the practice of law the act of one partner in the scope of business…
2Cases cited5 opinions
- Buffalo Zinc & Copper Co. v. CrumpSupreme Court of Arkansas · 1902
- Smith v. SloanWisconsin Supreme Court · 1875
- Crosthwait v. RossTennessee Supreme Court · 1839
- Worster v. ForbushMassachusetts Supreme Judicial Court · 1898
- Miller v. HinesSupreme Court of Georgia · 1854
3Cited by5 opinions
- Merrill v. O'BryanWashington Supreme Court · 1908
- State ex rel. Kimberlite Diamond Mining & Washing Co. v. HodgesSupreme Court of Arkansas · 1914
- Boise Payette Lumber Co. v. SarretIdaho Supreme Court · 1923
- Republic Power & Service Co. v. Gus Blass Co.Supreme Court of Arkansas · 1924
- Solomon v. First National BankSupreme Court of Arkansas · 1926