The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-25
JUDGE LINOSAY'S RULING
Foreign Corporations Doing Bust
ness in This State.
THE LAW DOESN'T APPLY
Trading Corporations, b Cour Holds,
Arr Exempt From h Requirements
Of the Statute Relating to
the Subject

Judge Lindsay yesterday made an
important ruling affecting foreign COR
porations doing business I'm the state.
the decision being contrary to deci-
sions made by several other district.
judges. The question came up during
the trial of the suit of the Herbst I'M
porting company against ex-Sherif >.
J. Reynolds, an action to recover 1861,
which the company claimed he had in
his possession, which should be applied
to a judgment obtained against Joseph
Hogan, a saloon man. who had been
attached four or five years ago. Reyn-
olds' defense was hat he had no money
and that he was out of pocket several
hundred dollars by reason Of the fact
that he followed the plaintiffs %instruc-
tons when the attachment was levied
and kept the attached stock i'm the
building. where il was seized and held
i'm charge of a custodian for six weeks
and under great expense. He also
pleaded that the Herbst Importing
company was a foreign corporation n
had no right to maintain the suit and
had no standing in o because 1t
had not filed a cop of its certificate
of incorporation with the secretary of
state and had appointed no resident
agent as required by law. and had in
no wise complied with the law relating
to foreign corporations.
After a Jury had been called James
w. Forbis, attorney for Reynolds.
made objection to the Introduction OF
any testimony on the ground that the
plaintiff was a foreign corporation and
had not complied with the state law.
The objection was overruled, but the
same question was presented again at
the conclusion of the plaintiffs testi-
mony, when Mr.. Forbis made a motion
for a non-suit on the same ground
stated in his previous objection. The
motion was opposed by Bernard Noon,
attorney for the Herbst company, and
was overruled by the court.
In passing on the matter Judge Lind
say said the law did not apply to trad
ing corporations. and hat it was no
necessary for them to file a opy %f
their articles of Incorporation with the
secretary of state, or to appoint a res
ident agent or to comply with any OF
the other provisions of the statute re-
lating to foreign corporations. The law
does not apply to corporations OF tina
class. Any other rule, said the court
would be disastrous, and would re-
suit i'm an interference with the com
merce between states. which the law
does not contemplate. 1t would i'm eff
feet be a co~nfiscation of property
Such a defense, said the court in con
| clllsion. would not be c~ountenanced
MIR. Forbis took an exception to the
| courts ruling. and i'm case the deferS
ant loses the case the question Will like
IN be brought before the supreme court
Among the witnesses who testified a
the trial Yesterday was II. sutton, !
travelling agent of the Herbst company
who said ihe suit against Hogan was
| brought at his instance. but that hi
objected to the sheriff keeping the at
tached goods in the saloon under q
heavy expense for rent. he said HI
had frequently requested the sherlif u
move them.
Judge DeWolfe, who had represented
the company i'm the first suit. also ties
titled tina he had requested the sheriff
TO move the stock from the saloon,
Mr.. Reynolds and o of his ex
| deputy sheriffs, on the other hand. ties
tilted decidedly and positively that the,
had been explicitly instructed by botf
sutton and DeWolfe to keep the stuf
in the saloon. and that sutton IRE
uuently told them To keep IL there. Al
the saloon fixtures n furniture coult
he shown to better advantage ant
could be more readily sold. He ais
said he expected to get a nance Il
buy the goods himself. and that NOV
ing them would destroy a great por
ton of their value. All the testimon,
was introduced and part of the argu
ments were made before court ad
iourned. The case will ~ to the jur,
this morning.