Tennis Bros. v. Wetzel & T. Ry. Co.

Citations

• 140 F. 193
• 1905 U.S. App. LEXIS 4784

Syllabus

<p>1. Courts — Federal Courts — Enforcement of State Statutes — Eegulation of Foreign Corporations.</p> <p>State statutes, imposing requirements on foreign corporations as a condition precedent to tlieir doing business in the state, are valid, if reasonable in their provisions, and will be enforced by the federal courts, which will follow the construction placed on them by the courts of the state.</p> <p>[Ed. Note. — For cases in point, see vol. 13, Cent Dig. Courts, § 957.]</p> <p>2. Corporations — Foreign Corporation — Eight to Sue — Plea in Abatement.</p> <p>Code W. Va. 1899, c. 54, § 30, as amended by Acts 1901, p. 108, c. 35, § 31, so as to apply to all foreign corporations, contains certain requirements as conditions precedent to the right of such corporations to do business in the state, and further provides, inter alia, that until it complies with such provisions no such corporation shall “maintain any action, suit, or proceeding in this state, * * * and its failure so to do may be pleaded in abatement of any such action, suit or proceeding.” Reid, that under Code W. Va. 1899, c. 125, § 16, which expressly provides that no plea in abatement shall be received,” after the defendant has pleaded in bar, or answered to the declaration or bill after a rule to plead, the objection that a complainant was a foreign corporation which had not complied with the statute could not be raised after the cause was at issue on the facts and had been set down for hearing.</p> <p>3. Mechanics’ Liens — Corporations—West Virginia Statute.</p> <p>Code W. Va. 1899, e. 75, § 7, which provides that “every workman, laborer, or other person who shall do or perform any work or labor by virtue of any contract for any incorporated company” shall have a lien for the value of such work, gives a lien to a corporation which comes within its terms, under Code W. Va. 1899, e. 13, § 17, giving rules for the construction of the statutes, and providing that “the word ‘person’ includes corporations