Davis v. Kenefick, Hammond & Quigley Const. Co.

Citations

• 121 La. 251
• 46 So. 301
• 1908 La. LEXIS 667

Syllabus

<p>Corporations — Foreign Corporations — Actions — Domicile—Place or Business.</p> <p>Act No. 54, p. 133, of 1904, makes it the duty of every foreign corporation doing business in Louisiana to file in the office of the Secretary of State a written declaration setting forth and containing the place or locality of its domicile, the place or places in the state where it is doing business, and the name of its agent or agents or other officers upon whom process shall be served, and declares that whenever any such corporation shall do any business whatever in this state without having complied with the requirements of the statute it may be sued for any legal cause of action in any parish of the state where it may do business. The defendant company filed a written declaration, in which it declared St. Landry to be its Louisiana domicile and John Francis its agent to accept service of process, but failed to mention the places in the state where it was doing business. While matters were in that situation it transacted -business in Calcasieu parish with the plaintiff, who sued it in that parish for a debt alleged to have been there created by him. Defendant- pleaded to the jurisdiction of that court, and that exception was sustained. Held error. The General Assembly having made the failure of a corporation to comply with the requirements of the act carry with it as a consequence a liability to-be sued in any parish where it does business, the courts are bound to give effect to that statute. Defendant is not relieved from the consequences of failure by complying later with the requirements of the statute.</p> <p>(Syllabus by the Court.)</p>