Legal Opinion

Heeia Sugar Plantation Co. v. McKeague

Hawaii Supreme Court

Decided February 4, 1884PublishedCited by 4 opinions

Exceptions. In absence of legislation forbidding it, a corporation can sustain a suit beyond the jurisdiction wherein it was constituted. A Foreign Corporation, suing in this Kingdom, must set forth in its declaration that it has complied with the laws of the Kingdom as to foreign corporations. Forms of complaints given in the Code are only guides to pleaders, and departures from them are not fatal to the complaint.

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Exceptions. In absence of legislation forbidding it, a corporation can sustain a suit beyond the jurisdiction wherein it was constituted. A Foreign Corporation, suing in this Kingdom, must set forth in its declaration that it has complied with the laws of the Kingdom as to foreign corporations. Forms of complaints given in the Code are only guides to pleaders, and departures from them are not fatal to the complaint. The authority of an agent or attorney making affidavit to a complaint, is not a proper subject of demurrer.

1Opinion of the Court

Opinion oe the Court, per

Judd, C. J.

The case comes to this Court upon exceptions to the overruling of a demurrer to the complaint. The complaint avers, “that at the various times and dates hereinafter mentioned, the plaintiff was, and now is, a body corporate, duly incorporated under the laws of "the State of California, United States of America, and as such corporation then was and now is acting and, doing business on the Island of Oahu.”

The demurrer reads, “That the said declaration, after alleging that the plaintiff is a foreign corporation, fails to show or allege that the said…

2Cited by4 opinions

  1. Yee Chin v. AtoyHawaii Supreme Court · 1904
  2. Scott v. Kona Development Co.Hawaii Supreme Court · 1913
  3. Hawaii Mill Co. v. AndradeHawaii Supreme Court · 1902
  4. American-Hawaiian Engineering & Construction Co. v. Territory of HawaiiHawaii Supreme Court · 1905

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