The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases, Classified and Fully AnnotatedMills, 1881 - 600 páginas |
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Página 29
... justice have been able to understand all the dif- ferent lights in which their transactions ought properly to be viewed . We must adhere , however , to ancient general and settled principles , so far as they can be applied to great com ...
... justice have been able to understand all the dif- ferent lights in which their transactions ought properly to be viewed . We must adhere , however , to ancient general and settled principles , so far as they can be applied to great com ...
Página 49
... JUSTICE MILLER , after stating the case , delivered the opinion of the court . The ground on which the court held the contract to be void and on which the ruling is supported in argument here , is , that the contract amounted to a lease ...
... JUSTICE MILLER , after stating the case , delivered the opinion of the court . The ground on which the court held the contract to be void and on which the ruling is supported in argument here , is , that the contract amounted to a lease ...
Página 54
... Justice CAMPBELL , in The New York & Maryland Line Railroad Co. v . Winans , 17 How . , 30 . The corporation in that case was chartered to build and main- tain a railroad in Pensylvania by the legislature of that State . The stock in it ...
... Justice CAMPBELL , in The New York & Maryland Line Railroad Co. v . Winans , 17 How . , 30 . The corporation in that case was chartered to build and main- tain a railroad in Pensylvania by the legislature of that State . The stock in it ...
Página 57
... JUSTICE BRADLEY did not sit in this case . NOTES General observations on the doctrine . - The term ultra vires sig- nifies the act of a corporation which is beyond the power expressly conferred upon it , and not within the scope of ...
... JUSTICE BRADLEY did not sit in this case . NOTES General observations on the doctrine . - The term ultra vires sig- nifies the act of a corporation which is beyond the power expressly conferred upon it , and not within the scope of ...
Página 60
... justice have , with jealous care , endeavored to protect every branch of the government from all illegiti- mate and sinister influences and agencies ; and it has been settled by a series of decisions , uniform in their reason , spirit ...
... justice have , with jealous care , endeavored to protect every branch of the government from all illegiti- mate and sinister influences and agencies ; and it has been settled by a series of decisions , uniform in their reason , spirit ...
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The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... George Washington Field Prévia não disponível - 2015 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field Prévia não disponível - 2017 |
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... G. W. Field Prévia não disponível - 2017 |
Termos e frases comuns
act of Parliament action agents agreement alleged amount application authority Bank benefit bill bind bonds charter city council claim commissioners common seal conferred construction contract Counties Railway Company court court of equity decision deed defendants directors Ditch Company doctrine Dubuque duty Eastern Counties Railway entered equity estopped Eureka Lake Water executed expressly fact franchises funds Gnosall granted ground held highway illegal incorporated interest issued judgment Justice Lake Water Company lease legislature liable loan Lynn and Ely Mayor ment Miners mortgage municipal corporation notes object officers opinion paid pany pari delicto party payment persons plaintiff poration possession principle prohibited promissory notes purchase purpose question quo warranto Railroad Company received recover restrain road rule scrip seal shareholders Shrewsbury Shropshire statute stockholders suit tion town transaction trustees ultra vires unauthorized valid void vote Wabash Railroad warrants
Passagens mais conhecidas
Página 88 - To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Página 98 - ... all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Página 481 - ... where it may be gathered from the legislative enactment that the officers of the municipality were invested with power to decide whether the condition precedent has been complied with, their recital that it has been, made in the bonds issued by them and held by a bona fide purchaser, is conclusive of the fact and binding upon the municipality ; for the recital is itself a decision of the fact by the appointed tribunal.
Página 285 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Página 443 - the obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money or property of others without authority, the law, independent of any statute, will compel restitution or compensation.
Página 91 - Where a corporation is incompetent by its charter to take a title to real estate, a conveyance to it is not void, but only voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose.
Página 361 - Where it is a simple question of authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted in an action founded upon it to question its validity. It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which he retains.
Página 207 - The charter of every corporation that shall hereafter be granted by the Legislature, shall be subject to alteration, suspension, and repeal, in the discretion of the Legislature.
Página 52 - We take the general doctrine to be in this country, though there may be exceptional cases and some authorities to the contrary, that the powers of corporations organized under legislative statutes are such and such only as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion of...
Página 96 - Loans (Sec. 5200). —The total liabilities to any association, of any person, or of any company, corporation, or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof, shall at no time exceed onetenth part of the amount of the capital stock of such association actually paid in.