Wisconsin Reports (Volume 176) (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1922. Not illustrated. Excerpt: ... State ex rel. Wisconsin D. M. Co. v. Circuit Court, 176 Wis. 198. State Ex Rel. Wisconsin Dry Milk Company and others, Petitioners, vs. Circuit Court For Dodge County and another, Defendants. January io--February J, i922, Corporations: Venue of action against foreign corporation: Accounting: Liquidation: Principal place of business: Visitorial powers over foreign corporations: Sufficiency of demand to change venue: Statutes: Construction: "Or" and "and." 1. Sub. 6, sec. 2619, Stats., placing the venue of actions against "any other corporation existing under the law of this state" in the county in which it is situated or has its principal office or place of business, or in which the cause of action or some part thereof arose, includes foreign corporations. 2. Under said sub. 6 the proper place of trial of an action against a foreign manufacturing corporation is the county where it has its principal office or in which the cause of action or some part thereof arose, although it has its factory or the greater part of its property in another county. 3. The words "or" and "and" in statutes are often used incor rectly; and where a strict reading renders the sense dubious, one may be read in place of the other, in deference to the meaning of the context. 4. An action to recover in behalf of a foreign corporation moneys converted by its officers, as well as moneys lost to the corporation by their fraudulent and negligent conduct, may be maintained. 5. Though the state courts will not assume to exercise visitorial powers over a foreign corporation, and, in the absence of statutes, proceedings to forfeit a corporate franchise must be brought in the country or state in which the corporation was created, creditors and stockholders are not without remedy in the state...