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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 655   View pdf image (33K)
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INDEX.3 BLAND. 655

CORPORATION. Continued.

4. The proceedings against a corporation to enforce an answer, or obedi-
ence to a decree. Ib,

5. A corporation constituted of many stockholders may be virtually ex-
tinguished by all the stock being owned by one. Bellona Co's Case,
435.

6. The clause of an Act of incorporation which gives the power of emi-
nent domain to be construed strictly, but fairly. I b.

7. The property of a corporation, as well as that of an individual, is sub-
ject to be taken for public uses, under the power of eminent domain.
Ib.

8. What is such a public use as authorizes the taking of private property
to be so applied. Ib.

9. Where there are several public uses, the exercise of the power of emi-
nent domain may be so limited as to preserve them all. Ib.

10. A corporation considered as a mere citizen owner, within the mean-
ing of the authority to exercise the power of eminent domain. Ib.

11. An action of assumpsit may be sustained against a corporation founded

on its acts done within the legitimate purposes of its institution. Cape

Sable Co's Case, 587.
12. No authority to appear to an action against a body politic can be given

unless it appears to have been given by the president as under its

proper corporate name. Ib.

13. Where the incorporating legislative enactment requires the assent of
three-fourths of the stockholders to make a contract or mortgage, it
will be deemed void unless such assent be shewn; and the confes-
sion of a judgment to secure a debt is an incumbrance which re-
quires such an assent within the meaning of such a provision in the
incorporating enactment. Ib.

14. Where, on a bill filed against a corporation, it is admitted to be in a
condition of absolute insolvency, it may be thenceforward proceeded
on ae a creditor's suit, a decree passed, directing all the property of
the body politic to be sold, and notice to be given to its creditors to
bring in their claims. Ib.

15. A body politic may have a local habitation; and should be sued in the
county in which it is located. Ib.

16. Although by declaring, that the property of a corporation shall be
held as real estate, and descend as such, its personalty must be so
treated as regards the stockholders, it does not follow that it must
be so considered in all other respects. Ib.

17. A co-partnership may be dissolved by some of its members becoming,
as to the same purposes as the partnership, a body politic under an
Act of incorporation. Ib.

COSTS.

A party may be compelled, in a summary way, to pay the costs due to a
commissioner. Hall v. McPherson, 516.

COURSE OF NATURE.

1. The law respects the regular course of nature as well in regard to the
revolutions of the seasons, as in relation to animals and vegetables.
Patterson v. M'Causland, 54.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 655   View pdf image (33K)
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