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608 THE CAPE SABLE COMPANY'S CASE.
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THE CAPE SABLE COMPANY'S CASE.
An action of assumpsit may be sustained against a corporation founded on its acts
done within the legitimate purposes of its institution. —No authority to appear to
an action against a body politic can be given unless it appears to have been given
by the president as under its proper corporate name. —Where the incorporating
legislative enactment requires the assent of three-fourths of the stockholders to
make a contract or mortgage, it will be deemed void unless such assent be shewn;
and the confession of a judgment to secure a debt is an encumbrance which re-
quires such an assent within the meaning of such a provision in the incorporating
enactment. —Where, on a bill filed against a corporation, it is admitted to be in a
condition of absolute insolvency, it may be thenceforward proceeded on as a cre-
ditor's suit, a decree passed, directing all the property of the body politic to be
sold, and notice to be given to its creditors to bring in their claims. —A body poli-
tic may have a local habitation; and should be sued in the county in which it is
located. —Although by declaring, that the property of a corporation shall be held
as real estate, and descend as such, its personalty must be so treated as regards the
stockholders, it does not follow that it must be so considered in all other respects.
A co-partnership may be dissolved by some of its members becoming, as to the
same purposes as the partnership, a body politic under an act of incorporation.
No bond is required in certain cases on the granting of an injunction to stay execu-
tion at law. —Where there are two or more defendants the injunction will not, in
general, be dissolved on motion until all of them have answered. —Where a claim,
in a creditor's suit, has been put in issue and established between the proper
parties, it cannot be called in question by any other creditor who may come in
thereafter.
The nature of poundage fees allowed to the sheriff on an execution; the mode in
which they may be recovered; and the grounds upon which the sheriff may ob-
tain relief in equity. —Where by a decree, passed with consent, real and personal
property upon which an execution had been levied, is taken from the sheriff and
sold, without discrimination, his poundage fees will be allowed for the whole debt,
first on the whole appraised value of the personalty, and for the residue on the
realty.
Where the lien of a judgment has expired, by lapse of time, it cannot be revived
so as to overreach a lien which has attached during the time of such lapse. —The
lien of a judgment upon land being an incident of its liability to be taken in exe-
cution under such judgment, there can be no lien where there is no direct or indi-
rect mode of having an execution, founded on such judgment, levied upon such
land. —But now and here, the judgments and decrees of the county courts, the
Court of Chancery, and the Court of Appeals, give a lien upon the lands of the
defendant every where within the state. —A citizen can only be sued or arrested
by civil process in the county in which he resides; but may be taken by an at-
tachment from the High Court of Chancery any where within the state.
THIS bill was filed on the 4th of January, 1823, by Addison
Ridout, Joseph Jubere, John J. Gibson, Ann O. Gibson, John L.
Tilghman and Maria E. his wife, and Horatio Gibson, against
The Cape Sable Company, Richard Caton, Robert Oliver and
John Oliver. This bill sets forth, that these plaintiffs had, on
the sixth of August, 1822, filed a bill in this court against these
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