Legal Opinion

Murphy v. Wilson

North Dakota Supreme Court

Decided April 24, 1917Published

Appeal from the District Court of Logan County, Honorable W. L. Nuessle, Judge. All acts by a corporation, or even an affirmance by an appellate court, after the death of a corporation, and in an action to which it was a party, are void.

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Appeal from the District Court of Logan County, Honorable W. L. Nuessle, Judge. All acts by a corporation, or even an affirmance by an appellate court, after the death of a corporation, and in an action to which it was a party, are void. MaeRae v. Kansas City Piano Co. 69 Kan. 457, 77 Pac. 94; Krutz v. Paola Town Co. 20 Kan. 397, 22 Kan. 726; Eagle Chair ■Co. v. Kelsey, 23 Kan. 631; Atchison v. Twine, 9 Kan. 350; McCulloch v. Norwood, 58 N. Y. 562; Sturges v. Vanderbilt, 73 N. Y. 384; Venable Bros. v. Southern Granite Co. 135 Ga. 508, 32 L.R.A.(N.S.) 446, 69 S. E. 822; Crossman v. Vivienda…

1Opinion

Upon Petition for Rehearing.

Robinson, J.

Some three years ago this action was commenced by the plaintiffs against the defendants and against a corporation which, then had title to the land in question. The complaint in that action averred that the defendants in this action were made parties, not because they then had any claim or title to the land, but because they might acquire title. The complaint stated no cause of action against the defendants in this action, but, on failure of the defendants to answer, plaintiffs took a default judgment, declaring that the defendants had no title or…

2Cases cited1 opinion

  1. Murphy v. Missouri & Kansas Land & Loan Co.North Dakota Supreme Court · 1914

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