T. H. Rogers Lumber Co. v. McRea
Court Of Appeals Of Indian Territory
Error to the United States Court fpr-the Western District of the Indian Territory; before Justice Chas. W. Raymond. May 20, 1905. Action by the T. H. Rogers Lumber Company against A. B. McRea. Judgment for defendant, and plaintiff brings error.
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Error to the United States Court fpr-the Western District of the Indian Territory; before Justice Chas. W. Raymond. May 20, 1905. Action by the T. H. Rogers Lumber Company against A. B. McRea. Judgment for defendant, and plaintiff brings error. The complaint in this case alleges that the plaintiff, T. H. Rogers Lumber Company, is a foreign corporation; that the defendant-, A. B. McRea, is indebted to it for material furnished for the erection of a dwelling house, and asks for the foreclosure of a mechanic’s lien upon the property. There is no allegation in the complaint, and there was no…
1Opinion of the CourtClayton, J.
(after stating the facts as above). The only question presented for our consideration is whether it is necessary for a foreign corporation, before it can maintain an action in this jurisdiction, to 'aver and prove compliance with the law requiring it to appoint a resident agent. This question)is one which has many,times been passed upon by the courts of the various states; and the decisions áre in direct conflict. The preponderance of numbers, however, and, to our mind, the overwhelming weight of reason and soundness of principle, is in favor of the doctrine that the presumption of compliance…
2Cases cited8 opinions
- Lehigh Valley Coal Co. v. GilmoreSupreme Court of Minnesota · 1904
- Northern Assurance Co. of England v. BorgeltNebraska Supreme Court · 1903
- Parlin & Orendorff Co. v. BoatmanMissouri Court of Appeals · 1900
- American Insurance v. SmithSupreme Court of Missouri · 1881
- Acme Mercantile Agency v. RochfordSouth Dakota Supreme Court · 1897
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