Flowing Wells Co. v. Culin
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District, in and for Pima County. John H. Campbell, Judge. This case comes to this court upon an agreed statement of facts. The plaintiff in the court below filed his petition on October 23, 1907, under the provisions of Act No. 82, page 147, Session Laws of 1903, alleging that the defendant had failed to appoint an agent as provided by said act, and praying for its dissolution and disincorporation.
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APPEAL from a judgment of the District Court of the First Judicial District, in and for Pima County. John H. Campbell, Judge. This case comes to this court upon an agreed statement of facts. The plaintiff in the court below filed his petition on October 23, 1907, under the provisions of Act No. 82, page 147, Session Laws of 1903, alleging that the defendant had failed to appoint an agent as provided by said act, and praying for its dissolution and disincorporation. Thereafter, on October 29, 1907, the court issued a citation to show cause, in response to which the defendant, on January 4,…
1Opinion of the CourtDoan, J.
— As the second assignment of error stands or falls with the first, the two will be considered together. The proper determination of the question presented involves a construction of Act No. 82, page 147, Session Laws of 1903. This act, eliminating that part which has no application to the present ease, provides as follows: “That whenever any corporation . . . shall fail to appoint a bona fide agent . . . then . . . any resident . . . may bring, prosecute and maintain ... in his own name, an action in any court of record ... to have and procure a judicial dissolution and disincorporation; . .…
2Cases cited3 opinions
- United States v. Athens ArmorySupreme Court of Georgia · 1868
- Abbott v. WoodSupreme Judicial Court of Maine · 1843
- Tompkins v. First Nat. BankNew York Supreme Court · 1892
3Cited by5 opinions
- Ernst v. CollinsArizona Supreme Court · 1956
- Payne v. KnoxArizona Supreme Court · 1963
- Butler Davis v. Local 2033Montana Supreme Court · 1980
- Butler v. Local 2033 American Federation of StateMontana Supreme Court · 1980
- State v. TunkeyArizona Supreme Court · 2023