|
|
|
|
|
|
|
public use; but private property can-
|
The clause of an act of incorporation
|
|
|
|
not be taken from one ana given to
|
which gives the power of eminent do-
|
|
|
|
another for any purpose, 98.
|
main to be construed strictly but fair-
|
|
|
|
The General Assembly cannot give away
public property without any valuable
|
ly. — The Bellona Company's case, 448.
The property of a corporation, as well as
|
|
|
|
or just consideration, 97.
|
that of an individual, is subject to be
|
|
|
|
The state may, as against itself admit
|
taken for public uses, under the power
|
|
|
|
the truth of any fact, or waive the
|
of eminent domain, 449.
|
|
|
|
benefit of any rule of law, 99.
|
A corporation considered as a mere citi-
|
|
|
|
The legislature may by law remove diffi-
|
zen owner within the meaning of the
|
|
|
|
culties, or grant facilities, as between
|
authority to exercise the power of
|
|
|
|
individuals without prejudice to private
|
eminent domain, 451.
|
|
|
|
rights, 99.
|
No authority to appear to an action
|
|
|
|
No wharfage can be allowed which con-
|
against a body politic can be given
|
|
|
|
travenes any congressional regulation
|
otherwise than by its appropriate
|
|
|
|
of commerce, or the free intercourse
|
name. — The Cape Sable Company's
|
|
|
|
and equal rights secured by the federal
|
case, 613.
|
|
|
|
constitution.— The Wharf case, 371,
|
Where the incorporating act requires the
|
|
|
|
374.
|
assent of three-fourths of the stock-
|
|
|
|
An act of Assembly which assumes that
|
holders to contract, the body can only
|
|
|
|
the property belongs to either party,
|
so contract, and the confession of a
|
|
|
|
after a court of competent jurisdiction
|
judgment to secure a debt is a contract
|
|
|
|
has determined that it belongs to
|
within the meaning of such restriction,
|
|
|
|
neither, deemed unconstitutional, 385.
|
613, 619.
|
|
|
|
The public lands can only be sold for a
|
Where, on a bill filed against a corpora-
|
|
|
|
valuable consideration, or disposed of
|
tion, it is shewn or admitted to be in a
|
|
|
|
with a view to some public benefit. —
|
condition of absolute insolvency, it
|
|
|
|
Baltimore v. McKim, 460.
|
may be thenceforward proceeded on as
|
|
|
|
|
a creditor's bill, 625, 655.
|
|
|
|
CONTRIBUTION.
|
A body politic may have a local habita-
|
|
|
|
On a scire facias against the heirs and
|
tion; and should be sued in the county
|
|
|
|
terre-tenants, they must be all sum-
|
in which it has been located, 657.
|
|
|
|
moned, to the end, that they may have
the benefit of contribution among them-
|
Although by declaring, that the property
of a corporation shall be held as real
|
|
|
|
selves. — Tessier o. Wyse, 40.
|
estate, its personalty must be so treated
|
|
|
|
A claim for contribution, being a secon-
|
as regards its stockholders, it does not
|
|
|
|
dary one, arising among co-debtors or
|
follow, that it must be so considered in
|
|
|
|
those chargeable as such, can never be
|
all other respects, 670.
|
|
|
|
made or adjusted to the prejudice of a
creditor. — McCormick v. Gibson, 507.
|
A partnership may be dissolved by some
of its members becoming a body politic,
|
|
|
|
CORPORATION.
|
674.
|
|
|
|
Three kinds of corporations, in reference
|
COSTS.
|
|
|
|
to their objects; the nature of each
|
For the service of all process which a
|
|
|
|
considered, — McKim v. Odom, 417.
|
sheriff may be required to serve, he is
|
|
|
|
The charter of a close corporation by the
|
entitled to have his legal fees allowed
|
|
|
|
Lord Proprietary, 416, note.
|
and taxed as a part of the costs, and
|
|
|
|
How far an act of incorporation may be
|
may enforce payment accordingly. —
|
|
|
|
considered as a contract, 417, 419.
|
Beale v. Estep, 439.
|
|
|
|
Corporations may be charged in actions
|
A party may be compelled in a summary
|
|
|
|
ex delicto as well as ex contract^ not-
|
way to pay the costs due to a commis-
|
|
|
|
withstanding the general rule, that
|
sioner. — Hall v. McPherson, 533.
|
|
|
|
they can only bind themselves by
|
The nature of poundage fees allowed to
|
|
|
|
means of the corporate seal, 421; The
|
the sheriff on an execution, the mode
|
|
|
|
Cape Sable Company's case, 611.
|
in which they may be recovered, and
|
|
|
|
The proceedings against a corporation to
enforce an answer or obedience to a
|
the grounds upon which a sheriff may
obtain relief in equity. — The Cape
|
|
|
|
decree.— McKim v.. Odom, 421, 427.
|
Sable Company's case, 630, 639.
|
|
|
|
A corporation constituted of many stock-
|
Where by a decree real and personal
|
|
|
|
holders may be virtually extinguished
by all the stock being owned by one. —
'The Bellona Company's case, 446.
|
property, upon which an execution has
been levied, is taken from the sheriff
and sold without discrimination, his
|
|
|
|
The usual provision in road and canal
|
poundage fees will be allowed for the
|
|
|
|
acts for me condemnation of private
|
whole debt, first on the whole appraised
|
|
|
|
property held to be a substitute, for the
|
value of the personalty, and for the
|
|
|
|
writ of od quod damnum. — Compton v.
|
residue on the realty , 641.
|
|
|
|
The Susquehanna Rail Road, 389.
|
|
|
|
|
|
|
|
