Elliott Electric Co. v. Clevenger

BEVY, X

(after stating the facts as ahoye). The appellant presents the points in view that (1) objection of noncompliance of a foreign corpoi-ation with the statute requiring a permit to do business in the state is not ground for general demurrer, but a matter of defense to be pleaded by timely plea in abatement; and (2) the petition pleaded a contract constituting interstate commerce. In this state compliance with the statute of permit to do business, in view of its terms, must be both pleaded and proved to entitle the foreign córporation to maintain the action, where the alleged' action…