Bankers Holding Corp. v. Maybury

The plaintiff brought this action to enjoin the defendants in their official capacity from proceeding to enforce the collection of a penalty prescribed by Rem. Comp. Stat., § 3855, which a foreign corporation doing business in this state incurs if it neglects to file a certified copy of its charter or articles of incorporation, or fails to appoint a resident agent on whom legal process may be served as required by Bern. Comp. Stat., §§ 3853, 3854. A demurrer was interposed to the complaint, and was by the court sus- tainecL Plaintiff refusing to plead further, a judgment of dismissal was…