Ontario State Bank v. Tibbits

Citations

• 80 Cal. 68
• 22 P. 66
• 1889 Cal. LEXIS 861

Syllabus

<p>Corporation—Complaint in Action by—Allegation op Filing Copy, op Articles op Incorporation Unnecessary. — In an action by a corporation in relation to its property, it is not essential to a statement of a complete cause of action that the complaint should show that the plaintiff has complied with the requirements of section 299 of the Civil Code, with respect to the filing of a copy of the copy of its articles of incorporation in the office of the county clerk.</p> <p>Id.—Failure to File Copy op Articles op Incorporation—Defense must be Specially Pleaded —Waiver. —The failure of a corporation to file a copy of the copy of its articles of incorporation in the office of the county clerk of a county in which it has property is a mere matter in abatement of an action brought by it in relation to such property; and in order to be available as a defense to the action, must be specially pleaded in the answer; otherwise it is waived.</p> <p>Id.—Insufficient Averment op Defense.—An averment denying the plaintiffs corporate existence, and alleging that it has not legal capacity to sue, does not set up such defense.</p>