Vickers v. Buck Stove & Range Co.

Citations

• 70 Kan. 584
• 79 P. 160
• 1905 Kan. LEXIS 12

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Foreign Corporations — Right to Sue — Practice. Where, in a suit by several foreign corporations to set aside an alleged fraudulent conveyance of lands, the defendants, before trial, file a motion to dismiss for the reason that the plaintiffs are doing business in this state without having complied with the provisions of chapter 10 of the Laws of 1893 and chapter 125 of the Laws of 1901 (Gen. Stat. 1901, §1248 et s.eg.), and said defendants offer evidence in support of their motion, it is error for the court to refuse to hear the evidence, and, thereupon, to deny the motion.</p> <p>2. Practice, District Court — Findings by Court. Where a case [is tried to a court without a jury and one of the parties requests the court to state its findings of fact separately from its conclusions of law, it is error for the court to refuse the request, or to refuse to make such separate findings so definite that the party may have a fair opportunity to except to ■ the decision of the court upon the conclusions of law involved in the trial.</p>