Rowe v. Stevens

Citations

• 25 Idaho 237
• 137 P. 159
• 1913 Ida. LEXIS 32

Syllabus

<p>Writ of Review — Foreign Corporation — Power to Do Business in State — Power of Directors Who Live in Another State Where the Corporation is Organized to Sue and Defend Suits in the State Where the Foreign Corporation is Prohibited Under the Laws of the State — Appearance of Corporation not Qualified Under the Laws of the State.</p> <p>(Syllabus to Opinion of Justice Stewart.)</p> <p>1. The constitution, art. 5, sec. 2, provides: “The judicial power of the state shall be vested in a court for the trial of impeachments, a supreme court, district courts, probate courts, courts of justices of the peace, and such other courts inferior to the supreme court as may be established by law for any incorporated city or town.”</p> <p>2. Sec. 3830, Rev. Codes, prescribes the powers of the district courts: “The district court has original jurisdiction: 1. In all cases both at law and in equity; 2. In all special proceedings; 3. In the issuance of writs of mandamus, certiorari, prohibition, habeas corpus and all writs necessary to the exercise of its powers.....”</p> <p>3. Sec. 2787, Rev. Codes, has not been repealed or changed by the act of January 30, 1912. This section provides: “Unless other persons are appointed by the court, the directors or managers of the affairs of such corporation at the time of its dissolution are trustees of the creditors and stockholders, or members, of the corporation dissolved, and have full power to settle the affairs of the corporation.” This section does not apply in this case, but only applies as to the right to do business in the state.</p> <p>4. Held, that there are no provisions in the statutes which limit the jurisdiction of the court in appointing trustees and receivers of a foreign corporation, which owns valuable property in the state and is making contracts and carrying on business, where such corporation becomes insolvent and has creditors and is unable to pay the debts of the corporation; and such corporation can be sued in the cour