692 INDEX.

government is limited, as well by its	Hammond, 316; Campbell's case, 209 ;
delegated nature, as by special consti-	Addison v. Bowie, 622; Waring v.
tutional restrictions. — Campbell's case,	Waring, 673.
231.	A creditor who has no common interest
The general assembly can constitution-	with other creditors, cannot sustain a
ally pass no law in violation of either	creditor's suit—Ellicott v. Welch, 245 ;
its general or special limitations, 232.	Hammond v. Hammond, 344; Andrews
An act of assembly may be declared void	v. Scotton, 660.
on the ground of its absurdity, apart	A creditor's suit may be engrafted upon
from any constitutional objection, 231.	a different suit then pending. — Ham-
No fact can be assumed by the legis-	mond v. Hammond, 346.
lature, to the prejudice of the rights	A creditor's suit may be sustained by a
of an individual, 230. — Worthington v.	surety, to save himself harmless. — El-
Lee, 686, note.	licott v. Welch, 245.
Property cannot by a legislative enact-	Who may or must be made parties to a
ment, or in any form, be taken from	creditor's suit. — Hammond v. Ham-
one man and given to another. — War-	mond, 347, 349.
ing v. Waring, 676.	The form and necessary allegations of a
	creditor's bill, 349. — Anderson v. An-
CORPORATIONS.	derson, 387.
A corporation can only be called on to	On the establishment of the whole, or a
answer by its proper name. — Binney's case, 106.	part of any one claim, and on the in- sufficiency of the personalty being
Where the legal capacities of parties, as	shewn, there may be a decree for a
charged, are different, such capacities	sale of the realty. — Hammond v. Ham-
must be considered as if they were dif-	mond, 359; Chamberlain v. Brown,
ferent persons, 108.	221; Boucher v. Bradford, 222; Kilty
All corporations are subject to a visitato-	v. Brawn, 223; Hindman v. Clayton,
rial power, or to some legal control,	337; Tyson v. Hollingsworth, 329.
141, 142.	The decree for a sale, virtually esta-
In general, a corporation may alien all	blishes the plaintiff's claim, and the
or any of its property at pleasure, 141. Stock held by the state, subject to the	insufficiency of the personalty, unless otherwise expressly declared; except
same law as that of an individual cor-	as regards fraud, &e. not then in issue.
porator, 142.	Hammond v. Hammond, 359; Welch
Tne disposition of property, not for cor-	v. Stewart, 37; The State v. Brookes,
porate purposes, may be prohibited, 142.	42. The plaintiff cannot be permitted to split
A corporation may be formed by the con- current acts of several governments ; but its real estate can only be dealt	up and multiply his causes of suit; if he does, they will be rejected without prejudice.— Welch v. Stewart, .37.
with by the judicial authority of the	The statute of limitations continues to
state in which it lies, 144, 149.	run until the creditor actually comes
A corporation may be created here, with a view to foreign operations, 147. A foreign corporation may be noticed,	in, 37. No one can have the benefit of the statute, after doing that which implies an aban-
and may sue here in the state courts,	donment of such a defence, 37.
147.	The controverted claims have a share as-
But the jurisdiction delegated to the fede- ral courts, being confined to states and	signed them in the auditor's distribu- tion, so that it may be confirmed as to
citizens, it is doubtful whether any cor- poration can sue in them, 147.	those not contested, allowing them at once to obtain so much as they are thus admitted to be entitled to.-— The State
COSTS.	v. Brookes, 44; Tyson v. Hollings-
In a creditor's suit, the costs and expen-	worth, 335; Pattison v. Frazier, 381.
ses are always first paid. — Hammond	Lapse of time relied as a bar to a claim
v. Hammond, 385; Orchard v* Smith,	brought in under a creditor's bill. —
319.	Welch v. Stewart, 41; The State v.
In a creditor's suit, the costs incurred by	Brookes, 43.
the contestation of a particular claim,	An infant bound by his answer by guar-
not to be taxed to the prejudice of other creditors. — Hammond v. Hammond,	dian od litem, in a creditors suit — Hammond v. Hammond, 352; Bond v.
388.	Bond, 353; Mildred v. Neill, 354;
CREDITOR'S SUIT. The various cases in which a creditor's suit may be sustained,— Hammond v.	Hindman v. Clayton, 337; Flemming v. Castle, 355; Ewing v. Ennals, 356 ; Sprigg v, Magruder, 356; McMullin v. Burris, 357.