Iowa Falls Mfg. Co. v. Farrar

Citations

• 19 S.D. 632
• 104 N.W. 449
• 1905 S.D. LEXIS 90

Syllabus

<p>1. Rv. Civ. Code, Secs. 833-836, prohibiting corporations from doing any business or maintaining any action within the state, except on condition of its filing a copy of its articles.in the office of the Secretary of State and appointing a state agent on whom process may be served, did not prevent foreign corporations from transacting and enforcing interstate business within the state, and was therefore not invalid as an interference with interstate commerce.</p> <p>2. Rev. Civ. Code, Secs. 833-835, prohibit a non-resident corporation from transacting any business, acquiring or disposing of any property within the state, or instituting therein or maintaining any actions at law or otherwise until it shall have filed in the office of the Secretary of State a duly authenticated copy of its charter or articles of incorporation, and shall have appointed a resident agent on whom service of process might be had, and declare that any violation thereof shall constitute a misdemeanor, etc. Held, that an answer to a complaint by a foreign corporation to foreclose a mechanic’s lien alleging that' plaintiff was a foreign corporation, and had not complied with the laws of the state relating to foreign corporations, in that it had not filed in the Secretary of State’s office a duly authenticated copy of its charter, and had not appointed a resident agent on whom service of process ' might be made, and filed a duly authenticated copy of such appointment, stated a complete defense, though the action was founded on a contract for materials made in the state of the corporation's residence.</p>