14 Minn. 49 | Minn. | 1869
By the Court.
At common law in an action against a corporation, by its corporate name, it was not necessary, for the purpose of alleging its existence, to, aver the authority or act by or under which it was created. Angell & Ames on Corp. Sec. 632, and authorities cited; Woolf vs. City Steamboat Co., 62 E. C. L., 103; Bank of Utica vs. Smalley, 2 Cow., 778 ; Union Mut. Ins. Co. vs. Osgood & Alden, 1 Duer, 708; Lighte et al. vs. Everett F.
The order overruling the demurrer is affirmed.