Johnson and Wight, Inc. v. Rickard

This is an action in contract brought by a purported New Hampshire corporation. The writ was dated July 2, 1946, and served and entered in court on July 11, 1946. The following day the defendant entered a general appearance. The case was set for trial on Oct. 23, 1946, and on that day the defendant filed a plea which he terms a plea to the jurisdiction, alleging the non-existence of the plaintiff as a corporation and its incapacity to sue. Hearing was had by the court and findings were made and filed, which included a finding that the charter of the plaintiff corporation had been repealed,…