Corcoran v. Sonora Mining & Milling Co.
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The facts are fully stated in the opinion. The court erred in sustaining the demurrer to the original complaint. The complaint alleged the corporate existence of the defendant. The court sustained a general demurrer to the complaint on the ground that it did not continue and allege that one-fourth of the capital stock of defendant had been subscribed, as provided in section 2614 of the Revised Statutes.
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APPEAL from District Court, Shoshone County. The facts are fully stated in the opinion. The court erred in sustaining the demurrer to the original complaint. The complaint alleged the corporate existence of the defendant. The court sustained a general demurrer to the complaint on the ground that it did not continue and allege that one-fourth of the capital stock of defendant had been subscribed, as provided in section 2614 of the Revised Statutes. The appellant maintains that this allegation was not legally required of him; that it was a matter of defense. To reach the insufficient part the…
1Opinion of the CourtStockslager, J.
— The plaintiff commenced his action in the district court of Shoshone county to set aside the sale of eight thousand shares of the stock of the Sonora Mining and Milling Company, alleged to have been sold to appellant by the officers of said corporation, and thereafter sold to respondent Gibbs for certain alleged assessments due. A demurrer was interposed and sustained to the complaint. An amended complaint was filed, and a motion sustained to strike out certain portions thereof. A second amended complaint was filed, which alleged the corporate existence of the respondent the Sonora Mining…
2Cases cited6 opinions
- Anthony v. SlaydenSupreme Court of Colorado · 1900
- Brittan v. Oakland Bank of SavingsCalifornia Supreme Court · 1896
- Budd v. Multnomah Street Railway Co.Oregon Supreme Court · 1887
- Palmer v. PettingillIdaho Supreme Court · 1898
- Bank of Santa Fé v. Haskell County BankSupreme Court of Kansas · 1894
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3Cited by4 opinions
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Seyberth v. American Commander Mining & Milling Co.Idaho Supreme Court · 1926
- Stivers v. Sidney Mining Co.Idaho Supreme Court · 1949
- Bateman v. GitsNew Mexico Supreme Court · 1911