Wright v. Lee
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. This case was first decided by this court March 16, 1892( In ■ an opinion found in 2 S. D. 596, the court reversed the judgment of the lower court in favor of the plaintiff. A rehearing was subsequently granted upon, the petition of both respondent and appellant. This opinion is upon the rehearing. Former decision adhered to.
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Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. This case was first decided by this court March 16, 1892( In ■ an opinion found in 2 S. D. 596, the court reversed the judgment of the lower court in favor of the plaintiff. A rehearing was subsequently granted upon, the petition of both respondent and appellant. This opinion is upon the rehearing. Former decision adhered to. The La Belle Ranche Horse Importing Company not having complied with the laws of this state in relation to the transaction of business by foreign corporations, the pretended assignment made by it within…
1Opinion of the CourtKellam, J.
This case is now .before us upon rehearing. The original opinion is published in 2 S. D. 596, and in 51 N. W. Rep. 706, where the facts' are fully stated. Appellants asked and were allowed a rehearing for the further discussions of the following proposition: (1) The court erred in holding that the question of noncompliance with the statute in relation to foreign corporations could not be inquired into collaterally; (2) in holding that the La Belle Ranch Horse Importing Company (respondent’s assignor) was a defacto corporation; (3) in holding that a sufficient affidavit was made to the…
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