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" In an action brought by or against a corporation, the complaint must aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must state •whether it is a domestic corporation or a foreign corporation ; and, if the latter, the... "
Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 124
by New York (State). Courts - 1896
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Reports of Civil and Criminal Cases Decided by the ..., Volume 39; Volume 146

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 970 pages
...consideration. This, however, is not the general rule. On the contrary, the authorities agree that the general allegation that the plaintiff or the defendant, as the case may be, is a corporation, organized and existing under the laws of some named State, is sufficient. (Thompson...
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Reports of Cases Heard and Determined in the Supreme ..., Volume 68; Volume 75

Marcus Tullius Hun - 1893 - 724 pages
...was equally applicable to foreign as well as to domestic corporations. Unless, therefore, there is an affirmative allegation that the plaintiff, or the...defendant, as the case may be, is not a corporation, the existence of the corporation need not be proved. Here the answer alleged that defendant " has no...
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Laws of the State of New York, Volume 2

New York (State) - 1880 - 832 pages
...corporation, corporate the plaintiff need not prove, upon the trial, the existence of umieces° the corporation, unless the answer is verified, and contains...affirmative allegation that the plaintiff, or the defendant ITtLK 3. ART 1 §. 1777. In an action or special proceeding, brought by or against a corporation, the...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...corpo- existence ration, unless the answer is verified, and contains an affirmative alle- sary. gation that the plaintiff, or the defendant, as the case may be, is not a corporation. [Id., § 3, as amended by L. 1864, ch. 422 (6 Edm., 296), and L. 1875, ch. 508. extended to a case...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...brought by or against a corporation, the plaintiff need not prove, upon the trial, the existence of the corporation, unless the answer is verified, and contains an affirmative allegation that tlie plaintiff, or the defendant, as the case may be, is not a corporation. 1,1.. ? 1. amended. L....
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 21

1885 - 664 pages
...for the Code provides, § 1776, that the plaintiff corporation need not prove its corporate existence unless the answer is verified and contains an affirmative allegation that the plaintiff is not a corporation. Section 15 of Ch. 140, Laws of 1850, apparently provides that the land owner...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 pages
...corporation may be sued. § 1775. In an action brought by or against a corporation, the complaint roust aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must s-tate whether it is a domestic corporation or a foreign corporation ; and, if...
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Pleading Under the Codes: Adapted to Use in the Several States and ...

Charles Theodore Boone - 1885 - 598 pages
...Railroad Co. 11 Iowa, 502. In New York, In an action by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a corporation : NV Code Civ. Proc, I 1775. See Irving Nat. Bank v. Corbett, 10 Abb. NC 8i ; Concordta...
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A Treatise on the Law of Private Corporations, Volume 2

Victor Morawetz - 1886 - 642 pages
...brought by or against a corporation, the plaintiff need not prove, upon the trial, the existence of the corporation, unless the answer is verified and contains...defendant, as the case may be, is not a corporation." 2 § 773. A judgment purporting to be obtained against a corporation which is not in existence at least...
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Howard's Practice Reports: Containing Cases Under the Code of ..., Volume 3

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 692 pages
...of the Code provides that in an action brought by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a fiorporation ; must state whether it is a domestic corporation or a foreign corporation : and if...
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