9780405039935 / 040503993X

A treatise on the law of private corporations, aggregate (American law: the formative years)


Publisher:Arno Press


Prices INCLUDE standard shipping to United States
Show prices without shipping
Change shipping destination/currency
Shipping prices may be approximate. Please verify cost before checkout.

About the book:

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843. Excerpt: ... however, that an information in the nature of quo warranto would lie against a legally existing corporation for an abuse of its franchises, as well as a writ of scire facias.' Where a charter has been granted upon an erroneous consideration, or been fraudulently obtained, or is otherwise voidable, either in whole or part, it may be repealed entirely, or as to the voidable part only, without affecting the remainder, by proceedings in scire facias. If, however, the charter is absolutely void, this process is unnecessary; for a void charter can afford no justification to any one acting under it.3 The process seems to be unnecessary, where the corporation is absolutely dissolved, by the loss of an integral part.3 A charter will not be avoided merely because it refers to a preceding charter as valid, which in fact was void, unless it be founded on such charter;4 nor if the facts stated by the grantee be true, though the king be mistaken in his inference of the law. And it is said, that if a corporate election be not made as the letters patent appoint, these may be repealed by scire facias; for all franchises are granted on condition that they shall be duly executed according to the grant.6 Where a demurrer was put into a writ of scire facias, it was held, that its legal effect was the same as that of a demurrer to the declaration; for a declaration upon a scire facias is no more than a copy of the writ.7 And 1 1 Black. Comm. 485; and see Case of City of London, cited 2 Kyd on Corp. 474 to 486, 487; The People v. The Bank of Niagara, 6 Cowen, (N. Y.) R. 196; The People e. The Bank of Hudson, ibid. 217; The People r. The Washington & Warren Bank, ibid. 211. a Sackville College Cas. T. Ray. 178; Butler's Case, 2 Vent 344; Rex v. Pasmore, 3 T. R. 244; 2 Chest Case...

Search under way...

Search complete.

Click on the price to find out more about a book.

Used books: 1 - 22 of 22