69 P. 546 | Or. | 1902
after stating the facts, delivered the opinion of the court.
While the statute provides that the articles of incorporation; or a certified copy of the one filed with the secretary of state or county clerk, is evidence of the existence of such corporation (Hills Ann. Laws, § 3219), this clause must necessarily be construed in pari materia with another section, which provides that upon filing articles of incorporation the persons subscribing the same are incorporators, and authorized to carry into effect the objects specified in the articles: Hills Ann. Laws, § 3221. In the methodical order of offering the necessary evidence it would ■ seem proper to prove the execution and acknowledgment of the articles of incorporation in triplicate, and that one of such articles had been filed in the office of the secretary of state and another in the office of the clerk of the county where the business of the corporation is proposed to be conducted: Hills Ann. Laws, § 3218. If Section 3219 is to be construed literally, and the existence of a de jure corporation can be established by the intro
The testimony introduced was insufficient to establish plaintiffs organization as a corporation, and the court erred in refusing to grant the judgment of nonsuit, in consequence of which, and of the giving of the instruction complained of, the judgment is reversed, and the cause remanded for such further proceedings as may be necessary, not inconsistent with this opinion.
Reversed.