Legal Opinion

Donaldson v. Thousand Springs Power Co.

Idaho Supreme Court

Decided December 2, 1916PublishedCited by 9 opinions

APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. James • R. Bothwell, Judge. Action to subject the property of a foreign corporation to the payment of a judgment, and to set aside conveyances to such corporation for noncomplianee with sec. 10 of art. 11 of the constitution and the provisions of sec. 2792, Rev. Codes, as amended by chap. 124, p. 270, 1915 Sess. Laws. Demurrer to complaint sustained.

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APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. James • R. Bothwell, Judge. Action to subject the property of a foreign corporation to the payment of a judgment, and to set aside conveyances to such corporation for noncomplianee with sec. 10 of art. 11 of the constitution and the provisions of sec. 2792, Rev. Codes, as amended by chap. 124, p. 270, 1915 Sess. Laws. Demurrer to complaint sustained. Sec. 2792, Rev. Codes, is mandatory, and any conveyance made to a corporation that has failed to comply with the said law is, as there declared, null and…

1Opinion of the CourtBudge, J.

The complaint in the above-entitled action contains, among other things, the following alleged facts, from which the conclusions of law incorporated in the statement of facts herein stated necessarily follow:

On April 25, 1910, the Thousand Springs Land & Transportation Company, Limited, a domestic corporation, being the owner and in rightful possession of 92.35 acres of land in Gooding county, Idaho, certain personal property, consisting of steel pipes, penstocks, timber, tools, etc., and certain filings and permits issued by the state engineer to the right to the use of water flowing out of…

2Cases cited43 opinions

  1. Fritts v. PalmerSupreme Court of the United States · 1889
  2. Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
  3. Smith v. BanghamCalifornia Supreme Court · 1909
  4. House v. JacksonOregon Supreme Court · 1893
  5. Merrick v. . Van SantvoordNew York Court of Appeals · 1866

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3Cited by9 opinions

  1. John Hancock Mutual Life Insurance v. GirardIdaho Supreme Court · 1936
  2. Bettilyon Home Builders Co. v. PhilbrickIdaho Supreme Court · 1918
  3. Garmo v. ClantonIdaho Supreme Court · 1976
  4. M. L. Gordon Sash & Door Co. v. MormannSupreme Court of Minnesota · 1978
  5. Braun v. CoxSupreme Court of Iowa · 1927

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