Mitchell v. National Surety Co.
District Court, D. New Mexico
Action by James P. Mitchell and others, constituting the Board of Trustees of the Town of Las Cruces, N. M., against the National Surety Company. On motion to set aside the service.
1Opinion of the Court
POPE, District Judge.
[1] The complaint in the present cause alleges that the defendant “is a corporation incorporated under the laws of the state of New York, * * *' and as plaintiffs are informed and believe, by .virtue of compliance upon the part of said corporation with the laws of New Mexico, is, and at all times hereinafter mentioned was, duly authorized to transact business in New Mexico.” This last allegation of compliance with the New Mexico law, and of authority by reason thereof to do business in the state, is tantamount to an allegation, among other things, that the defendant…
2Cases cited14 opinions
- Harris v. LesterIllinois Supreme Court · 1875
- Loeb v. Smith Bros. & Co.Supreme Court of Georgia · 1887
- Alford v. . McCormacSupreme Court of North Carolina · 1884
- Miller v. CarakerCourt of Appeals of Georgia · 1911
- Cosner's Administrator v. SmithWest Virginia Supreme Court · 1892
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3Cited by4 opinions
- Henslee v. KennedySupreme Court of Arkansas · 1977
- Ramer v. WrightSupreme Court of Colorado · 1916
- Rivera v. de ArceSupreme Court of Puerto Rico · 1939
- Rivera v. de ArceSupreme Court of Puerto Rico · 1939