Legal Opinion

Garfield M. & M. Co. v. Hammer

Montana Supreme Court

Decided January 15, 1886PublishedCited by 30 opinions

Appeal from, a Judgment óf Third District, Lewis a/nd Clarke Coimty. The opinion states the facts. 1. Foreign corporations have no legal existence in any state or territory other than that of their creation. Dank of Augusta v. Earle, 13 Pet.

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Appeal from, a Judgment óf Third District, Lewis a/nd Clarke Coimty. The opinion states the facts. 1. Foreign corporations have no legal existence in any state or territory other than that of their creation. Dank of Augusta v. Earle, 13 Pet. (H. S.) 538. 2. Legislatures of other states or territories may exclude them altogether from doing business within their limits, or impose such conditions or qualifications as they may see proper before permitting them to exercise any rights therein. 18 How. 407; 10 Wall. 400-410; 8 Wall. 168; Cooley on Stat. Lim. p. 285. 3. It is for the courts to say…

1Opinion of the CourtGalbraith, J.

This is an appeal from an order overruling a motion for a new trial. The action was to quiet title. A trial by a jury was had between the respondent and the appellant Hammer. The pleadings, so far as they were concerned, were in substance as follows: The complaint alleged that the respondent “ is a body politic and corporate,” organized under the laws of the state of New York, for the purpose of mining and milling ores containing the precious metals in Montana territory, and that it has complied with the laws of that territory in relation to foreign corporations. ' That it is the owner of a…

2Cases cited6 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
  3. King v. National M. & E. Co.Montana Supreme Court · 1881
  4. Levitsky v. JohnsonCalifornia Supreme Court · 1868
  5. Russell v. ChumaseroMontana Supreme Court · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  2. State v. GreenoMontana Supreme Court · 1959
  3. State v. MatkinsMontana Supreme Court · 1912
  4. Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
  5. Ebaugh v. BurnsMontana Supreme Court · 1922

25 more not listed; retrieve them via the Exa API.

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