Easley v. New Zealand Insurance Company
| Decision Date | 10 December 1894 |
| Citation | 38 P. 405,4 Idaho 205 |
| Parties | EASLEY v. NEW ZEALAND INSURANCE COMPANY |
| Court | Idaho Supreme Court |
PRACTICE-CHANGE OF PLACE OF TRIAL.-A foreign corporation, having complied with the provisions of section 2653 of the Revised Statutes has all the rights of a domestic corporation, including the right of trial within the county where its principal place of business is located.
APPEAL from District Court, Alturas County.
Order overruled.
S. H Hays and Henry Z. Johnson, for Appellant.
The sole question presented on this appeal is whether a foreign corporation has the right under our laws to a trial in the county in which the principal place of business of such corporation is conducted. "An appeal may be taken to the supreme court from an order refusing to grant a change of the place of trial." (Idaho Rev. Stats., sec. 4807, subd 3.) The proper remedy is an appeal from the order, and the remedy is complete. (San Joaquin County v. Superior Court, 98 Cal. 602, 33 P. 482; Howell v Thompson, 70 Cal. 635, 638, 11 P. 789; Jenkins v. Stage Co., 22 Cal. 538.) Section 2653 of the Revised Statutes accords to foreign corporations complying with the provisions of our law governing corporations "all the rights and privileges of like domestic corporations," and declares that they shall be subject to the laws applicable to like domestic corporations. We contend that as it was held to be the right of a domestic corporation to trial in the county where its principal place of business was conducted, the same right and privilege under section 2653 just quoted inures to a foreign corporation of a like character complying with the requirements of our law. Provisions similar to section 2653 are to be found in other statutes, notably, Oregon: 2 Hill's Annotated Laws, sec. 3294; Nebraska: Consolidated Stats., sec. 358; Illinois: 1 Starr & Curtis, Ann. Stats., c. 32, sec. 26; Santa Clara Female Academy v. Sullivan, 116 Ill. 375, 383-385, 56 Am. Rep. 776, 6 N.E. 183; Stevens v. Pratt, 101 Ill. 206, 207; Barnes v. Suddard, 117 Ill. 237, 7 N.E. 477.)
Texas Angel, for Respondent.
There is nothing in section 2653 that requires a foreign corporation to designate its residence or principal place of business, but it must "designate some person residing in the county in which the principal place of business of such corporation in this territory is conducted, upon whom process issued by authority of or under any law of this territory may be served." This is a statutory obligation, not a right. The right is one conferred upon the people of the state to protect them; the obligation is upon the corporation to comply with the statute for the protection of the people. The case of Thomas v. Placerville etc. Min. Co., 65 Cal. 600, 4 P. 641, is strictly applicable, and holds that an action against a foreign corporation may be commenced in any county the plaintiff may designate in his complaint.
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