Northrup v. A. G. Wills Lumber Co.

Citations

• 65 Kan. 769
• 70 P. 879
• 1902 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — Capacity to Sue — Pleading. Lack of legal capacity in a plaintiff to sue must affirmatively appear on the face of his petition in order to subject it to demurrer for that reason; ■ therefore, a petition by a corporation which merely fails to allege that the corporation has complied with the requirements of chapter 10, Laws of 1898, entitling it to sue, but which does not admit expressly or inferentially that it has failed to make such compliance, is not demurrable for lack of legal capacity in the plaintiff to bring the action.</p> <p>2. -License — Burden of Proof . When the issuance of a license to transact business is a matter of record in a known public office, the burden of proving its non-issuance is on the party asserting the negative fact.</p>