Hershfield v. Rocky Mountain Bell Telephone Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action for an injunction. Defendant’s demurrer to tbe complaint was sustained by Hunt, J. I. The respondent, being a foreign corporation, can only have existence in this State by virtue of interstate comity. (Copper Manuf. Co, v. Ferguson, 113 U. S. 727; Powder River Cattle Co. v. Custer County, 9 Mont. 145; 8 Am. & Eng.
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Appeal from First Judicial District, Lewis and Clarice County. Action for an injunction. Defendant’s demurrer to tbe complaint was sustained by Hunt, J. I. The respondent, being a foreign corporation, can only have existence in this State by virtue of interstate comity. (Copper Manuf. Co, v. Ferguson, 113 U. S. 727; Powder River Cattle Co. v. Custer County, 9 Mont. 145; 8 Am. & Eng. Encycl. of Law, pp. 330, 331, and notes 332, 333, 335, 338, 339, 340.) The clause upon which appellants rely was not in the statute (oh. xxiv. p. 720, 5th div. Comp. Stats.) at the time of the decision in King v.…
1Opinion of the CourtHaewoob, J.
Appellants brought this action “on their own behalf, and on behalf of others similarly situated/’ to obtain an injunction permanently restraining respondents from erecting a certain telephone pole at the place hereinafter described, in the city of Helena.
Respondent demurred to the complaint on the ground that the plaintiffs failed to allege therein facts sufficient to constitute a cause of action, which demurrer was, upon hearing and consideration, sustained, and the temporary injunction dissolved. Plaintiffs elected to rest upon their complaint without amendment, and judgment was therefore…
2Cases cited5 opinions
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- The People v. . KerrNew York Court of Appeals · 1863
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- King v. National M. & E. Co.Montana Supreme Court · 1881
3Cited by24 opinions
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Magee v. OvershinerIndiana Supreme Court · 1898
- Bolinger v. City of BozemanMontana Supreme Court · 1972
- Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
- Jones v. BurnsMontana Supreme Court · 1960
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