Knoxville Nursery Co. v. Commonwealth
Court of Appeals of Kentucky
Case 2 — Indictment fob Failure of Corporation to Fide Statbv ment in Office of Secretary of State Before Carrying on Business in Kentucky APPEAL FROM CRITTENDEN CIRCUIT COURT. Judgment of conviction in lower couet. 1. Demurrer should have keen sustained to (the indictment, (because the name of the offense is not given in the aacusatory part of the indictment; and 2. Because the -indictment fails to allege that the -defendant company is not a foreign insurance company.
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Case 2 — Indictment fob Failure of Corporation to Fide Statbv ment in Office of Secretary of State Before Carrying on Business in Kentucky APPEAL FROM CRITTENDEN CIRCUIT COURT. Judgment of conviction in lower couet. 1. Demurrer should have keen sustained to (the indictment, (because the name of the offense is not given in the aacusatory part of the indictment; and 2. Because the -indictment fails to allege that the -defendant company is not a foreign insurance company. Com. v. Smithers, 8 Ky. Law Rep., 612; Com. v. iBierman, 13 Bush, 348. 3. The court erred in permitting to he read to the…
1Opinion of the Court
Opinion of the court by
JUDGE! DuREJULE!
Affirming.
Appellant was indicted under section 571, Kentucky Statutes, which provides that “all corporations except foreign insurance companies formed under the laws of this or any other State, and carrying on any business' in thfs State, shall at all times have one or more known places of business in this State, and an authorized agent or agents thereat, upon whom process can be served; and it shall not be lawful for any corporation to carry on any business in this State until it shall have filed in the office of the Secretary of State a statement,…
2Cases cited2 opinions
- United States v. ReyburnSupreme Court of the United States · 1832
- Commonwealth v. KinisonMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Shegog v. CommonwealthKentucky Supreme Court · 2004
- Carroll v. CommonwealthCourt of Appeals of Kentucky · 1915
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1917
- Commonwealth v. Parlin & Orendorff Co.Court of Appeals of Kentucky · 1904
- Bondurant v. Dahnke-Walker Milling Co.Court of Appeals of Kentucky · 1917
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