Commonwealth v. Parlin & Orendorff Co.
Court of Appeals of Kentucky
Case 19 — Action by the Commonwealth against the Parlin & Orendorff Company to Recover a Penalty fot Violation of Ky. St. Sec. 571. APPEAL FROM TODD CIRCUIT COURT-S. R,, OREWDSON, CIRCUIT JUDGE. Judgment for Defendant and Commonwealth Appeals. Appellant’s contention is: 1. That the court erred in allowing the defendant to enter a plea of “not guilty” at the July term of court, 1902, and thereafter at December term to file an answer.
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Case 19 — Action by the Commonwealth against the Parlin & Orendorff Company to Recover a Penalty fot Violation of Ky. St. Sec. 571. APPEAL FROM TODD CIRCUIT COURT-S. R,, OREWDSON, CIRCUIT JUDGE. Judgment for Defendant and Commonwealth Appeals. Appellant’s contention is: 1. That the court erred in allowing the defendant to enter a plea of “not guilty” at the July term of court, 1902, and thereafter at December term to file an answer. The plea of not guilty put in issue every allegation in plaintiff’s statement, and placed the burden on the plaintiff to establish same by proof. 2. The court…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
reversing.
This is a penal action, under section 11 of the Criminal Code of Practice, against appellee company, a corporation, for the alleged violation of section 571, Kentucky Statutes 1903. It is charged that appellee carried on business in this State, in Todd county, without first having filed in the office of the Secretary of State the statement required by section 571; giving the name of an agent, and location of his place of-business, where* process could be had upon him for the corporation. At the close of the evidence for the Commonwealth, the court…
2Cases cited2 opinions
- Knoxville Nursery Co. v. CommonwealthCourt of Appeals of Kentucky · 1900
- Commonwealth v. Read Phosphate Co.Court of Appeals of Kentucky · 1902
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- Madisonville H. & E. R. R. v. RossCourt of Appeals of Kentucky · 1907
- International Harvester Co. v. CommonwealthCourt of Appeals of Kentucky · 1912
- Thomas Manufacturing Co. v. KnappSupreme Court of Minnesota · 1907
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