Maxwell v. Winner Gas Stove Co.

This suit was filed in the' county court of Wichita county by appellee, against plaintiff in error as defendant, to recover upon a verified account. Judgment was rendered for plaintiff by default, from which defendant filed his petition for ‘writ of error, bond, etc., and the case is before this court for revision and correction.

The first question submitted to .us is: The plaintiff, being a foreign corporation, and not having pleaded and proved that it had a permit to do business in Texas, was it entitled to recover a judgment by default in the courts of this state and thereby maintain “a…