Vernon Co. v. Reed

The complaint alleged that plaintiff is "an Iowa corporation doing business in New Mexico." Defendants second defense alleged that plaintiff had failed to comply with applicable § 51-10-4(a), N.M.S.A. 1953, and is barred from maintaining the action by § 51-10-5, N.M.S.A. 1953. (These sections were repealed by § 135, ch. 81, Laws 1967 and new sections enacted.) In answer to inquiry by the court, counsel agreed that plaintiff, a foreign corporation, had not obtained the certificate required by § 51-10-4(a), N.M.S.A. 1953. Section 51-10-5, N.M.S.A. 1953, reads: