A Treatise on the Law of Railroads, Volume 1Boston Book Company, 1885 - 1953 páginas |
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Página 5
... conferred by a decree of the senate or the imperial constitution ; 1 and formerly in England , this was treated as the exclusive prerogative of the King2 But in this country the power is exclusively vested in the legislatures of the ...
... conferred by a decree of the senate or the imperial constitution ; 1 and formerly in England , this was treated as the exclusive prerogative of the King2 But in this country the power is exclusively vested in the legislatures of the ...
Página 6
... conferred upon it by the law which gives it the right to exist . It is composed of one or more persons constituting ... confer upon individuals of which it is composed , powers , privileges , and immunities which they would not otherwise ...
... conferred upon it by the law which gives it the right to exist . It is composed of one or more persons constituting ... confer upon individuals of which it is composed , powers , privileges , and immunities which they would not otherwise ...
Página 7
... conferred upon it , either at the time of its creation or at any subsequent period of its existence . ” 1 Kyd on Corp. 13 . 1 As to right to sue , see Bangor , & c . R. R. Co. v . Smith , 47 Me . 34 ; Baltimore , & c . R. R. Co. v ...
... conferred upon it , either at the time of its creation or at any subsequent period of its existence . ” 1 Kyd on Corp. 13 . 1 As to right to sue , see Bangor , & c . R. R. Co. v . Smith , 47 Me . 34 ; Baltimore , & c . R. R. Co. v ...
Página 9
... conferred by special grant ; and as an equivalent for the grant of which , the sovereign power is necessa- rily clothed with the power to exercise a species of supervision and control which it does not possess in the case of ordinary ...
... conferred by special grant ; and as an equivalent for the grant of which , the sovereign power is necessa- rily clothed with the power to exercise a species of supervision and control which it does not possess in the case of ordinary ...
Página 11
... conferred.1 And they can claim no powers not fairly given them in the act of incorpora- tion ; and such powers cannot be created by implication , nor ex- tended by construction , so as to confer any privilege not expressed in plain and ...
... conferred.1 And they can claim no powers not fairly given them in the act of incorpora- tion ; and such powers cannot be created by implication , nor ex- tended by construction , so as to confer any privilege not expressed in plain and ...
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acceptance action agent agreement amount applied assessment authority Bank Barb become binding bonds bound calls capital stock certificate charter condition conferred Conn construction contract corporation County court created creditors debts defendant directors dividends duty effect election entered entitled equity exercise existence express fact fraud funds give given grant ground held holders interest Iowa issued land legislature liable limited Mass matter meeting Michigan necessary notice object officers Ohio operate organization original paid parties payment Penn performance person plaintiff poration preferred principle purchase question R. R. Co railroad company railway reason received recover road rule secure shares statute stockholders subscriber subscription sufficient suit tion town transfer trustees unless valid void vote Wall
Passagens mais conhecidas
Página 578 - Whatever subjects of this power are in their nature national, or admit only of one uniform system, or plan of regulation, may justly be said to be of such a nature as to require exclusive legislation by Congress.
Página 6 - Among the most important are immortality, and if the expression may be allowed, individuality; properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual.
Página 581 - A telegraph company occupies the same relation to commerce as a carrier of messages, that a railroad company does as a carrier of goods.
Página 583 - Congress the regulation of commerce, it was never intended to cut the States off from legislating on all subjects relating to the health, life, and safety of their citizens, though the legislation might indirectly affect the commerce of the country. Legislation, in a great variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it within the meaning of the Constitution.
Página 344 - Now, natural persons through the intervention of agents, are continually making contracts in countries in which they do not reside ; and where they are not personally present when the contract is made ; and nobody has ever doubted the validity of these agreements. And what greater objection can there be to the capacity of an artificial person, by its agents, to make a contract within the scope of its limited powers, in a sovereignty in which it does not reside ; provided such contracts are permitted...
Página 485 - That principle is that where a corporation, like a railroad company, has granted to it by charter a franchise intended in a large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions — which undertakes, without the consent of the state, to transfer...
Página 304 - It is publicly pledged to those who deal with the corporation, for their security. Unpaid stock is as much a part of this pledge, and as much a part of the assets of the company, as the cash which has been paid in upon it.
Página 385 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.
Página 511 - The doctrine of ultra vires, when invoked for or against a corporation, should not be allowed to prevail where it would defeat the ends of justice or work a legal wrong.
Página 583 - Until congress acts in reference to the relations of this company to interstate commerce, it is certainly within the power of Wisconsin to regulate its fares, etc., so far as they are of domestic concern.