Legal Opinion

Katz v. Herrick

Idaho Supreme Court

Decided January 25, 1906Published

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. George H. Stewart, Judge. Judgment for defendant. Plaintiff appealed. The company is not prohibited from doing business during noncompliance with the foreign corporation act of 1903. No penalty or punishment is prescribed for doing business. It is not made a crime, but the act itself clearly sets out what result is to follow.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. George H. Stewart, Judge. Judgment for defendant. Plaintiff appealed. The company is not prohibited from doing business during noncompliance with the foreign corporation act of 1903. No penalty or punishment is prescribed for doing business. It is not made a crime, but the act itself clearly sets out what result is to follow. No contract or agreement made in the name of or for the use or benefit of such corporation prior to the making of such filings can be sued upon or be enforced in any court of this state…

1Opinion

ON REHEARING.

AILSHIE, J.

This case was heard and decided at the November, 1905, term of this court, and a petition for rehearing was thereafter filed by counsel for appellant. A petition for rehearing was also filed by Messrs. W. E. Borah, James E. Babb and John P. Gray as amici curiae, after having secured permission so to do from a majority of the justices. After an examination of the petitions a rehearing was ordered. The cause was again argued and submitted at this present term of court. We have been furnished with briefs by the attorneys of the respective parties to the action, and in…

2Cases cited13 opinions

  1. Davis v. BurkeSupreme Court of the United States · 1900
  2. Fritts v. PalmerSupreme Court of the United States · 1889
  3. Law v. People ex rel. HuckIllinois Supreme Court · 1877
  4. Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
  5. Hope v. Mayor of GainesvilleSupreme Court of Georgia · 1884

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