Crete Mills v. Canfield

Michigan Supreme Court

Crete Mills v. Canfield

192 N.W. 578, 222 Mich. 458, 1923 Mich. LEXIS 711

CourtMichigan Supreme Court

DecidedMarch 23, 1923

DocketDocket No. 114

StatusPublished

Cited by1 cases

This text of 192 N.W. 578 (Crete Mills v. Canfield) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crete Mills v. Canfield, 192 N.W. 578, 222 Mich. 458, 1923 Mich. LEXIS 711 (Mich. 1923).

Pincite

Opinion

Clark, J.

Plaintiff is a Nebraska corporation. Following the filing of its declaration defendant moved to dismiss on the ground that plaintiff had not procured from the secretary of State a certificate of authority to carry on its business in the State of Michigan as required by statute. See Act No. 84, Pub. Acts 1921 (Comp. Laws Supp. 1922, § 9053 [164]). The cause was dismissed. Plaintiff brings error and had accompanying writ of certiorari.

The matter should have been pleaded and was not available upon a motion to dismiss. See Selznick Enterprises v. Garson Productions, 202 Mich. 106, 111; Vyse v. Richards, 208 Mich. 383; Pagenkoff v. [459]*459Insurance Co., 197 Mich. 166, where the question is fully discussed.

The order of dismissal is set aside with costs to plaintiff. The cause is remanded.

Wiest, C. J., and Fellows, McDonald, Bird, Sharpe, Moore, and Steere, JJ., concurred.

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