Scientific American Club v. Horchitz
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. • Daniel G. Taylor, Judge. ; (1) A foreign corporation, doing business in Missouri and not having complied with our statute, cannot maintain any suit or action in any of the courts of this State.
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Appeal from St. Louis City Circuit Court. — Row. • Daniel G. Taylor, Judge. ; (1) A foreign corporation, doing business in Missouri and not having complied with our statute, cannot maintain any suit or action in any of the courts of this State. R. ,S. 1909, secs. 3037, 3038, 3039 and 3040; Shoe Machinery Co. v. Ramlose, 210 Mo. 631; Zinc & Lead Co. v. Mining Co., 221 Mo. 7. (2) The issuing of an execution on behalf of a party in whose favor a judgment has been rendered is the maintaining of a suit or action by such party.. 17 Cyc. 986, 1076, 1077; Davis v. McCann, 143 Mo. 172; Eckerle v.…
1Opinion of the CourtReynolds, P. J.
Plaintiff commenced its action before a justice of tbe peace to recover a debt claimed to be due it by the defendant Horcbitz. On trial before tbe justice there was a verdict and judgment for plaintiff. Seven days after tbe judgment was rendered, defendant appealed to tbe circuit court, giving an.appeal bond with appellant Levin as surety. No notice of tbe appeal having been served on plaintiff, and after tbe lapse of several terms of tbe circuit court, plaintiff filed its motion to affirm tbe judgment of the justice for failure to give notice of tbe appeal'. At tbe same term defendant…
2Cases cited5 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Parlin & Orendorff Co. v. BoatmanMissouri Court of Appeals · 1900
- American Insurance v. SmithSupreme Court of Missouri · 1881
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Scientific American Club v. HorchitzMissouri Court of Appeals · 1907
3Cited by3 opinions
- Hess v. HessMissouri Court of Appeals · 1938
- Searcy v. SearcyMissouri Court of Appeals · 1917
- Iroquois Manufacturing Co. v. Annan-Burg Milling Co.Missouri Court of Appeals · 1913