Legal Opinion · Dissent

A. Booth & Co. v. Weigand

Utah Supreme Court

Decided January 3, 1906No. 1640Published

On rehearing. Former decision annulled.

1Dissent

BARTCH, O. J.

(dissenting).

I cannot concur with the majority in overruling the former decision of this court on the rehearing. After further careful consideration of this subject I am convinced that the principles adopted and announced in the former opinion are not only strictly in harmony with the mandatory and prohibitory character of our constitutional and statutory provisions, but also in strict conformity with the policy of our laws, which is that foreign corporations shall not be permitted

“To transact business within the State, on conditions more favorable than those prescribed by law…

2Cases cited3 opinions

  1. Chattanooga National Building & Loan Ass'n v. DensonSupreme Court of the United States · 1903
  2. Ætna Insurance v. HarveyWisconsin Supreme Court · 1860
  3. A. Booth & Co. v. WeigandUtah Supreme Court · 1904

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