H. J. Raymond Co. v. Robert Royalty Co.

Citations

• 5 Alaska 184

Syllabus

<p>1. Corporations <&wkey;513(l)—Action—Pleading.</p> <p>No corporation shall be permitted to commence or maintain any suit, action, or proceeding in Alaska without alleging and proving that it has paid its annual license iee, and an allegation in the complaint “that it has duly qualified and complied with all the laws relating to corporations in said district” does not meet the objection.</p> <p>2. Pleading <&wkey;193(l), 354(1)—Demurrer or Motion to Strike.</p> <p>Where a complaint does not allege the fact that plaintiff corporation has paid its annual license fee, the objection shall be made by demurrer and not by motion to strike the complaint.</p> <p>«g^See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Pleading &wkey;>367(2)—Motion to Make More Definite and Certain.</p> <p>Where the objection, to a complaint is that its allegations “are so indefinite and uncertain that the precise nature of the charge is not apparent,” the defect should be reached by motion to require the pleading to be made more certain and definite by amendment, and not by motion to strike the complaint</p> <p>4. Pleading <&wkey;352—Motion to Strike.</p> <p>A motion to strike the complaint, because several causes of action are attempted to be stated therein, denied, and the correct practice suggested. , •</p> <p>5. Contracts <&wkey;334—Pleading Consideration.</p> <p>Where a complaint merely alleges that plaintiff ren'dered defendant a bill for $1,100, and the defendant paid $300 and promised to pay the remainder, no cause of action is stated, because no consideration is alleged for the promise.</p> <p>•6. Pleading <&wkey;49—Complaint—Definite Theory.</p> <p>A complaint must proceed upon some definite theory, and must be good upon that theory.</p> <p><@=>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>