United Shoe Repairing MacHine Co. v. Carney

Hatcher, Judge:

This is an action in detinue, brought for the purpose of recovering certain machinery leased to the defendant. He filed a plea in abatement, alleging that plaintiff was a Maine corporation doing business in West Virginia without becoming domesticated as required by statute, and under Code, 31-1-79, was not entitled to sue in the courts of this state. A demurrer to the plea was sustained. Plaintiff then proceeded to trial, obtaining a verdict and judgment. Defendant prosecutes error here on the strength of his plea.

In addition to the allegations above referred to, the plea avers…