It is true that it is a principle of law that a cause of forfeiture of the. existence of a corporation cannot be taken advantage of or enforced against a corporation collaterally or incidentally, or in any other mode than by a direct proceeding for that... The Southeastern Reporter - Page 2311888Full view - About this book
| Joseph Kinnicut Angell, Samuel Ames - Business enterprises - 1846 - 872 pages
...corporation subsequently to its creation, such a franchise may be forfeited, and the residue remain. 7 A cause of forfeiture cannot be taken advantage of,...the corporation, so that it may have an opportunity 1 Ibid. ' State v. Royalton and Woodstock Turnpike Co. 11 Vermont R. 431; People v. Hillsdale and Chatham... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1865 - 658 pages
...can alone institute a proceeding for the purpose of pronouncing the corporation dissolved. 21. The cause of forfeiture cannot be taken advantage of,...proceeding for that purpose against the corporation. 22. Nor is the mere failure to perform the condition, ipso facto, a dissolution, but judicial proceedings,... | |
| Civil procedure - 1867 - 588 pages
...1866, The People v. Board of Education of Lockport, 46 Barb., 508. 7. It is a general principle that a cause of forfeiture cannot be taken advantage of,...corporation, so that it may have an opportunity to answer. [Angell * Ames on Corp., p. 664, and authorities cited, in note 1 ; 6 Hill, 271 ; 1 How. Pr., 476.]... | |
| Nathan Howard (Jr.) - Civil procedure - 1867 - 636 pages
...expressly conferred on it by statute (Lai.lm.er »gt. Eddu, 46 Barb. 61). 4. It is a general principle that a cause of forfeiture cannot be taken advantage of...corporation, so that it may have an opportunity to answer ( Towar agt. Hale, 46 Barb. 361). 6. Where all the capital stock of a cor" poration is subscribed for... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1867 - 732 pages
...its corporate functions and franchises. It is a general principle that a cause of forfeiture can not be taken advantage of, or enforced, against a corporation...corporation, so that it may have an opportunity to answer. MOTION by the plaintiff to set aside a nonsuit and for a new trial, in an action to recover the possession... | |
| Austin Abbott - Civil procedure - 1867 - 584 pages
...1806, I he People v. Board of Education of Lookport, 46 Barb., 508. 7. It id a general principle that a cause of forfeiture cannot be taken advantage of,...proceeding for that purpose against the corporation, eo that it may have an opportunity to answer. [Angell & Ames on Corp., p. 664, and authorities cited,... | |
| Anthony L. Robertson - Law reports, digests, etc - 1867 - 786 pages
...stock then made, as thereby to make a cause of forfeiture, the matter can not be taken advantage of collaterally or incidentally; or in any other mode than by a direct proceeding against the corporation for that purpose. And such a proceeding must be instituted in the state which... | |
| Law - 1874 - 844 pages
...advantage of such acts, and that by a direct proceeding for the purpose. No cause of forfeiture can be taken advantage of, or enforced against a corporation,...collaterally or incidentally, or in any other mode, than by direct proceeding, instituted by the State for that purpose: New Central Coal Co. et al. v. George's... | |
| John Proffatt - Corporation law - 1876 - 252 pages
...statute. (Foiger v. Columbian Ins. Co., 98 Mass. 267. See State v. Southern Pacific RR Co., 24 Tex. 80.) "A cause of forfeiture cannot be taken advantage of...corporation, so that it may have an opportunity to answer." (Angell & Ames, J 777.) The question is discussed as to what is the commencement of corporate business... | |
| |