In re First Nat. Bank of Belle Fourche

Citations

• 152 F. 64
• 81 C.C.A. 260
• 1907 U.S. App. LEXIS 4235

Syllabus

<p>1. Bankruptcy — Manufacturing Corporation — Builder op Concrete Arches and Bridges is.</p> <p>A corporation which is principally engaged in building concrete arches and bridges and dressing stone is a manufacturing corporation, and may be adjudged a bankrupt under section 4b of the bankruptcy law (Act July 1, 1898, c. 541, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423] as amended by Act Feb. 5, 1903, c. 487, § 3, 32 Stat. 798 [U. S. Comp. St. Supp. 1905, p. 683]).</p> <p>[Ed. Note. — What persons are subject to bankruptcy law, see note to Mattoon Nat. Bank v. First Nat. Bank, 42 C. C. A. 4.]</p> <p>2. Same — Pleading—Defective Petition Good in Substance, Impregnable After Judgment.</p> <p>After verdict or judgment, an objection that the petition fails to state facts sufficient to constitute a cause of action is tenable only when the pleading fails to allege the substance or foundation of a cause of action, and it is impregnable to attack because it is otherwise defective, informal, indefinite or incomplete, and was demurrable before answer or judgment.</p> <p>The averment that the alleged bankrupt was a corporation “engaged in the business of manufacturing concrete arches and bridges, manufacturing and dressing stone and selling the same, and railroad and ditch contracting,” was demurrable, and amendable before, and invulnerable after, adjudication.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 39, Pleading, §§ 1431, 1459.]</p> <p>3. Same — Jurisdictional Facts — Wiiat abe — Wiiat are Not — Those of Rat ter Class Concluded by Judgment — Occupation of Corporation of This Class.</p> <p>Jurisdictional facts are those which condition the power of the court to decide some of the issues in the case, like the nature of the subject-matter and the service of process. Other facts, which condition the character of the decree or the nature of the relief that should be granted or denied, are not jurisdictional, and final adjudications of issues relating to them co