Legal Opinion · Dissent

Killian v. Trans Union Leasing Corp.

Texas Court of Appeals, 4th District (San Antonio)

Decided August 31, 1983No. 04-81-00362-CVPublished

1DissentTijerina, Justice

I respectfully dissent.

The principal issue raised by appellant in points of error one through four revolves around the question of whether the foreign corporation, without a permit to do business in Texas, was transacting intrastate or interstate business and creating evidence of debt to qualify under the exceptions to Tex. Bus.Corp.Act Ann. art. 8.01, B(7) and (9) (Vernon 1980). Article 8.01, supra, provides in pertinent part:

No foreign corporation shall have the right to transact business in this State until it shall have procured a certificate of authority to do so from the Secretary of…

2Cases cited8 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Eli Lilly & Co. v. Sav-On-Drugs, Inc.Supreme Court of the United States · 1961
  3. Earthman's, Inc. v. EarthmanCourt of Appeals of Texas · 1975
  4. Rouse v. Shell Oil Co.Court of Appeals of Texas · 1979
  5. Helicopteros Nacionales De Colombia, S.A. v. HallCourt of Appeals of Texas · 1981

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