Kluver v. Middlewest Grain Co.
North Dakota Supreme Court
From an order of the District Court of Ward County, Leighton J., plaintiff appeals. In passing upon a question of jurisdiction it is. not within the province of the court to consider whether the allegations, of the complaint are true.
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From an order of the District Court of Ward County, Leighton J., plaintiff appeals. In passing upon a question of jurisdiction it is. not within the province of the court to consider whether the allegations, of the complaint are true. A plea in abatement will lie only where there are facts not appearing of record which defeat the jurisdiction of the court in the particular case, but where the facts giving jurisdiction appear of' record no plea in abatement will lie. 1 O. J. 33 (18), 35 (26); 14 Cyc. 434; 40 Cyc. 110. The truth of the allegation that a corporation is doing business within the…
1Opinion of the Court
Christianson Ch. J.
The complaint alleges that the defendant, Middlewest Grain Company, is a foreign corporation; that the defendant W. H. Hogy, was a licensed warehouseman, owning and operating an elevator at Burlington in this state, and engaged in buying or shipping grain for profit at said place of business; that between August 1, 1915, and July 1, 1916, the plaintiff stored in said elevator 3334-bushels of wheat, for which wheat the said Hogy issued storage receipts in form and substance as prescribed by law; that thereafter the defendant, Middlewest Grain Company, with the knowledge,…
Also in this document: Concurrence.
2Cases cited18 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
- Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kessler v. ThompsonNorth Dakota Supreme Court · 1956
- Wells Fargo & Co. of Mexico v. McArthur Bros. Mercantile Co.Arizona Supreme Court · 1933
- Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1935
- Benness v. Middlewest Grain Co.North Dakota Supreme Court · 1919
- Crawson v. Middlewest Grain Co.North Dakota Supreme Court · 1919
6 more not listed; retrieve them via the Exa API.