The Modern Law of Railways: As Determined by the Courts and Statutes of England and the United States, Volume 1

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Bancroft-Whitney, 1890 - Railroad law - 1544 pages
 

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Contents

IV
76
The judgment against the corporation conclusive as against
86
760
89
CHAPTER XXII
127
The right of entry not exclusive of other remedies II
132
77
134
rule
142
How enforcedla By action at
216
Interstate Commerce Commissioners 1069 Powers of the Commission 1070 Complaints and investigations 1071 Findings of Commission as eviden...
222
776
231
Of changing the grade of streets
235
Cost of service
252
The same subject continued and illustrated
271
Transfer by mortgage and pledge
334
A seal unnecessary
342
Of laches
352
Of the ownership of the defendant
357
Of fraud in reorganization
366
No title can be founded on forgery_The purchasers remedy
368
INCREASE AND REDUCTION OF CAPITAL STOCK
371
Of the taking of streets for tramways
376
Punitive damages for expulsion without violence or insult
385
CHAPTER XIV
389
Not contributory negligence there being no seat or room in the car
408
An effort to purchase a condition precedent to condemnation
414
CHAPTER XV
423
OF THE MEASURE OF COMPENSATION AND OF DAM
438
CHAPTER XVI
440
The corporation may refuse registration to both of two claimanta Interpleader 398 Whether the company may inquire into the purpose of the trans
441
ter
444
Defective appliances for transportation 997 The same subject continuedThe passengers knowledge of the defect
464
Extent of the corporate bienModifications of the general rule
472
Liability of the corporation for failure or refusal to register
476
The rights and remedies of holders of outstanding certificates as against the transferrer 401 The rights and remedies of holders of outstanding certific...
479
Lis pendens
481
against the corporation 402 The rights of a transferreo the certificates outstanding 403 The remedy of a transferree the certificates outstanding CHA...
483
A call unnecessary in case of corporate insolvency
484
Indemnification of directors
488
Wherein consists the change in corporate identity
494
Admissibility of opinions of witnesses
506
DISSOLUTION
519
CHAPTER XVIII
520
acts
531
Of condemnation and sale of stock of dissenting shareholders
541
Of the number of directors 457 Qualifications of directors at common law 458 Statutory qualifications of directors 459 The election of an unqualifi...
549
Of the president 483 The same subject continued 484 Of the compensation of directors and the president 485 Of the compensation of other officers...
550
the company
557
Of the owners remediesfa Under the statute
561
make
570
Distance as affecting rates 1029 Proceedings to test reasonableness of rates 1030 Unjust discrimination forbidden 1031 Similar circumstances and c...
589
Of the power of corporations in general to borrow and to mortgage
602
Of the power of railway companies to borrow and to mortgage
603
Of de facto directors officers and agents
604
Statutes authorizing borrowing and mortgazing 605 Statutory restrictionsExceptions in favor of current obligations Lloyds bonds
605
Of the extent of the statutory authority
606
Ultra vires acts apparently infra vires 514 a Infra vires acts rendered ultra vires by the manner of per formance 515 6 Infra vires acts rendered ultra ...
607
The consideration to be surrendered when the contract is set aside 522 Of ratification and acquiescence in ultra vires acts 523 Accepting the fruits of...
608
Of the authority of directors herein
609
Legislative recognition of ultra vires mortgage
610
Of the manner of executing mortgages
612
Of defective and informal mortgages
613
The same subject continuedOf bonds secured by statutory lien 615 Mortgages to be recorded
615
What property is covered by a mortgage
616
a Of the effect of general words of description 618 b Whether general words of description include future acquisi tions
618
c Of choses in action and calls
619
d Of the effect of express words of futurity Appurtenances
620
Of income bonds
631
The same subject continuedNet earnings
632
Stipulations against liability
641
Of lost or stolen bonds
643
Preferences between localities
645
Of days of grace
649
CHAPTER XXI
651
The mortgage lien subordinate to the interest of the public in
656
The same subject continuedExpenses of a receiver a charge upon the corpus
674
Of statutory liensOf equitable liens
675
Statutory liens in favor of laborers and mechanics
676
Of debts due the State
677
Of the lien of vendors of land
678
Of debts incurred for completing an infinished line
679
Of rentals o leased linesCartrust leasesRollingstock
680
Of the liens of judgment creditors
681
Of claims for damages breach of contract
682
The distinction between first charges upon income and prior liens upon the corpus
683
Cases in which priority has been refused
684
Of advancements to pay preferred claimsNo right of subroga tion III
685
Of the decree of saleProvision for purchase by bondholders
686
The decree conclusive upon all parties having notice
687
Of the foreclosure sale 689 Of the purchasers title
689
Of the distribution of the proceeds of sale among the bondhold ers
690
No priority as between holders of bonds and coupons secured
691
Obligation of railway company to supply suitable and sufficient cars
693
Introduction
695
Appointment upon the application of unsecured creditors 697 Appointment upon the application of junior mortgagees
697
AND HEREIN OF FORFEITURE AND APPEAL 573 Introductory
698
statute
700
575 The same subject continuedNonuserDeath of members Acquisition of all the stock by a single shareholder
701
The same subject continuedLoss of the whole corporate property
702
6 Of default in payment of interest or principal as a ground for appointing a receiver
703
Dissolution by expiration of charter
704
Dissolution by surrender of charter
705
e Of failure to run trains
706
Of the authority and duty of directors respecting surrender 580 Acceptance of surrender by the State
707
Dissolution by consolidation
708
The court first obtaining jurisdiction retains
709
Dissolution by bill in equity brought by creditors or shareholders or directors
710
Of the time when a receiver may be appointed
711
Grounds upon which creditors and shareholders may obtain a dissolution
712
Dissolution by forfeiture
713
Foreclosure for interest before maturity of principal
714
Grounds of forfeiture
715
The same subject continued
716
The same subject continuedNonuser
717
Effect of the appointment upon corporate powersUpon pending litigation
718
Effect of the appointment upon the liabilities of the company DamagesTaxes
719
Removal
720
The same subject continuedActs of the shareholders imputed to the corporation
721
The receiver must be discharged upon payment by the defendant of the amount found to be
722
Proceedings to forfeit to be brought in the name of the State
723
When the relation of carrier and passenger arises and terminates
724
Introduction
725
Of the writs of scire facias and quo warranto 592 Forfeiture not to be collaterally pleaded
726
WaiverThe State may waive its right to enforce a forfeiture Subsequent recognition of corporate existence 594 Of the jurisdiction of courts of law an...
727
Dissolution by repeal of charter
728
The same subject continued
729
Effect of dissolution upon debts rights of contract and pending litigation
731
The same subject continued Leave to sue a receiver in another
732
The same subject continuedOf the rights of creditors
733
Of the distribution of assets upon dissolution 600 The same subject continuedOf the rights of shareholders
736
Of a certain qualified existence after dissolution
737
Of his power and liability as to contracts made before appointment
738
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