« PreviousContinue »
providing a home for deaf and dumb persons may enter into a contract with the board of county infirmary directors of any county, or with the proper officers of any corporation infirmary, for the care and maintenance at such home of any deaf and dumb person who may be an inmate of said county or corporation infirmary, or who may, under the laws of the state, be entitled to admission thereto. And in every such case the said county or corporation infirmary shall, during the period such person may remain in such home, pay to such association, annually, a sum equal to the per capita cost of maintaining inmates in the said county or corporation infirmary. Provided, that wherever any such deaf and dumb person is maintained in any county or corporation infirmary in this state, and who, in the judgment of the board of state charities, should be removed from such infirmary to a home organized under provision of this section, that said board of state charities may order the removal of said person from said infirmary to said home; and where any such person is removed on the order of said board of state charities from an infirmary to said home, then the transportation of said person to said home and his or her) maintenance shall be paid by the infirmary directors of said county infirmary or the proper officers of said corporation infirmary as heretofore provided in this section. 94 O. L. 369.
$ 3882. Wrecking companies
Any company or association organized for the purpose of wrecking boats and vessels, and saving the same, and the property thereon, or property lost by damage or injury to boats or vessels, may build, purchase, and hold such number of boats, vessels, diving-bells, and other appliances and property as it deems necessary for commencing and conducting the business of the association, and may sell and dispose of the same, or any part thereof, and contract for salvage or compensation for saving boats, vessels, and other property, and demand, recover, and receive salvage, or such compensation, when entitled thereto by contract or otherwise, and shall be governed by the same laws not inconsistent with this section which govern individuals in such business or employment. 64 v. 44, SS 2, 4; S. & S. 197, 198.
$ 3883. Fruit companies
Any company organized for the purpose of cultivating, canning, shipping, and dealing in fruit, may purchase, hold, and convey real and personal property for the purpose of conducting and carrying out the objects of the company, and may hold the same without the state.
S.3884. Companies for protecting and preserving dead
bodiesAny association organized for the purpose of preserving and protecting bodies of deceased persons before burial may purchase, or take by devise or gift, hold, and convey, real estate not exceeding one acre, and may erect thereon suitable buildings, and construct and maintain vaults, and such other appliances as may be necessary to carry out the objects of such association; and such property shall be exempt from execution, from taxation, and from being appropriated to any other public purpose, if used exclusively for the purposes herein described.
$ 3884a. Authorizing certain corporations to purchase or
lease real estateA corporation organized for the purpose of constructing and maintaining buildings to be used for hotels, store-rooms, offices, warehouses, factories, shall be authorized to acquire by purchase or lease, and to hold, use, mortgage and lease all such real estate or personal property as may be necessary, for the purpose hereinbefore mentioned; provided, however, that no such corporation shall acquire or mortgage any real or leasehold estate, or lease the same for a period exceeding (with all privileges of renewal) the term of five years, without the consent of the holders of two-thirds of the stock, obtained at a meeting called for that purpose, written notice of which shall have been given to each stockholder, either personally, or deposited in the post-office, properly addressed and duly stamped, not less than ten days before the day fixed for such meeting. Nothing herein shall be construed as authorizing corporations to buy and sell, or to deal in real estate for profit.
86 0. L. 375.
($ 3171-3.) Sec. 1. Powers of electric light and power
companiesA company organized for the purpose of supplying electricity
for power purposes, and for lighting the streets and public and private buildings of a city, village or town, may manufacture, sell and furnish the electric light and power required therein for such and other purposes, and such companies may construct lines for conducting electricity for power and light purposes through the streets, alleys, lanes, lands, squares and public places of such city, village or town, by the erection of the necessary fixtures, including posts, piers and abutments necessary for the wires, with the consent of the municipal authorities of the city, village or town, and under such reasonable regulations as they may prescribe. Provided, that all wires erected and operated under the provisions of this act shall be covered with a waterproof insulation, and said poles, piers, abutments and wires shall be so located and arranged as not to interfere with the successful operation of existing telegraph and telephone wires.
As to powers of electric light companies, see Hauss Electric Lighting Power Co. v. Jones Bros. Electric Co., 23 B. 137.
(S 3171-4.) Sec. 2.
The municipal authorities of any city, village or town, in which any electric light company is organized, may contract with any such company for lighting the streets, alleys, lands, lanes, squares and public places in such city, village or town. 83 0.
Where action to be brought.
Table of fees tor incorporation, etc.
$ 4988. When attempt equivalent to commencement
Service in such case-Service upon corporation passing into hands of receiver-Railroad
companyAn attempt to commence an action shall be deemed equivalent to the commencement thereof, within the meaning of this chapter, when the party diligently endeavors to procure a service; but such attempt must be followed by service within sixty days. And if the defendant is a corporation, whether foreign or created under the laws of this state, and whether the charter thereof prescribes the manner and place, or either, of service of process thereon, and such corporation passes into the hands of a receiver before the expiration of said sixty days, then service following such attempt to commence the action may, within said sixty days, be made upon such receiver, or his cashier, treasurer, secretary, clerk or managing agent, or if none of the aforesaid officers can be found, by a copy left at the office or usual place of business of such agents or officers of such receiver with the person having charge thereof; and if such corporation is a railroad company, summons may be served upon any regular ticket or freight agent of said receiver, and if there is no such agent, then upon any conductor of said receiver, in any county in the state in which such railroad is located, and the summons shall be returned as if served upon said defendant. 91 O. L. 72.
$ 4991. Saving in case of reversal, etc.-Service upon
corporation passing into hands of receiver
Railroad companyIf, in an action commenced, or attempted to be commenced, in due time, a judgment for the plaintiff be reversed, or if the plaintiff fail otherwise than upon the merits, and the time limited for the commencement of such action has, at the date of such reversal or failure, expired, the plaintiff, or, if he die and the cause of action survive, his representatives may commence a new action within one year after such date, and this provision shall apply to any claim asserted in any pleading by a defendant. And if the defendant is a corporation, whether foreign or created under the laws of this state, and whether the charter thereof prescribes the manner and place, or either, of service of process thereon, and suci corporation passes into the hands of a receiver before the expiration of said year, then service to be made within said year following such original service or attempt to commence the action may be made upon such receiver or his cashier, treasurer, secretary, clerk or managing agent, or if none of the aforesaid officers can be found, by a copy left at the office or usual place of business of such agents or officers of such receiver with the person having charge thereof, and if such corporation is a railroad company, summons may be served upon any regular ticket or freight agent of said receiver, and if there is no such agent, then upon any conductor of such receiver, in any county
in the state in which such railroad is located, and the summons shall be returned as if served upon said defendant. 91 0. L. 72.
Service for railway company cannot be made on ticket agent for receiver. Collins v. Ry. Co., 7 N. P. 270 (C. P.).
$ 5026. Actions against corporation-Where to bring
Insurance company-Mining companyAn action other than one of those mentioned in the first four sections of this chapter, against a corporation created under the laws of this state, may be brought in the county in which such corporation is situate, or has, or had its principal office or place of business, or in which any corporation has an office or agent, or in any county in which a summons may be served upon the president, chairman or president of the board of directors or trustees or other chief officer; but if such corporation is an insurance company, the action may be brought in the county wherein the cause of action, or some part thereof, arose; and if such corporation be organized for the purpose of mining, either exclusively, or in connection with other business, the action may be brought in any county where such corporation owns or operates a mine or mines, and the cause of action, or some part thereof, arose. 93 v. 125.
"May'' should be read “must." Kinsey v. Burgess Works, 4 N. P. 293 (C. P.).
An Ohio corporation can be sued only in the county in which it has or had its principal place of business, or in which an office or agent is maintained. The word "may" means “must." The appearance of the defendant for the sole purpose of objecting to the jurisdiction, is not an appearance in the action. Kinsey v. Burgess Steel Co., 4 N. P. 293.
This section was not intended to apply to statutory actions in which a different rule or mode of proceeding is specially authorized. Muskingum Co. Infirmary v. Toledo, 15 Ohio St. 409, 411.
An action on a policy of life insurance may be brought in the county where the assured died. Union Central Life Ins. Co. v. Pyers, 36 Ohio St. 544.
$ 5027. Against railroad and stage companies
An action against the owner or lessee of a line of mail stages, or other coaches, for an injury to person or property upon the road or line, or upon a liability as carrier, and an action against a railroad company, may be brought in any county through or into which such road or line passes. 63 v. 87, § 49; S. & S. 542.