 Eminent law writers on this subject say that a cause of forfeiture cannot be taken advantage of, or enforced against a corporation, Collaterally or incidentally, or in any other mode than by a direct proceeding for that purpose against the corporation,...  The American and English Encyclopedia of Law - Side 303redigert av - 1888Uten tilgangsbegrensning - Om denne boken
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1839 - 664 sider
...granted by the state, does not become absolutely null, by the inexecution of the condition annexed to it. A cause of forfeiture cannot be taken advantage of, or enforced against a corporation incidentally, or in any other mode, than by a direct proceeding instituted by the government ; because... | |
 | Illinois. Supreme Court - 1865 - 658 sider
...or must it not be by the powers granting the charter ? Eminent law writers on this subject say that a cause of forfeiture cannot be taken advantage of,...proceeding for that purpose against the corporation, so that it may have an opportunity to answer. And the government creating the corporation, can alone... | |
 | 1867 - 588 sider
...1866, The People v. Board of Education of Lockport, 46 Barb., 508. 7. It is a general principle that a cause of forfeiture cannot be taken advantage of,...proceeding for that purpose against the corporation, so that it may have an opportunity to answer. [Angell * Ames on Corp., p. 664, and authorities cited,... | |
 | Nathan Howard (Jr.) - 1867 - 636 sider
...expressly conferred on it by statute (Lai.lm.er »gt. Eddu, 46 Barb. 61). 4. It is a general principle that a cause of forfeiture cannot be taken advantage of...proceeding for that purpose against the corporation, so that it may have an opportunity to answer ( Towar agt. Hale, 46 Barb. 361). 6. Where all the capital... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1867 - 732 sider
...its corporate functions and franchises. It is a general principle that a cause of forfeiture can not be taken advantage of, or enforced, against a corporation...proceeding for that purpose against the corporation, so that it may have an opportunity to answer. MOTION by the plaintiff to set aside a nonsuit and for... | |
 | Anthony L. Robertson - 1867 - 786 sider
...stock then made, as thereby to make a cause of forfeiture, the matter can not be taken advantage of collaterally or incidentally; or in any other mode than by a direct proceeding against the corporation for that purpose. And such a proceeding must be instituted in the state which... | |
 | 1874 - 844 sider
...advantage of such acts, and that by a direct proceeding for the purpose. No cause of forfeiture can be taken advantage of, or enforced against a corporation,...collaterally or incidentally, or in any other mode, than by direct proceeding, instituted by the State for that purpose: New Central Coal Co. et al. v. George's... | |
 | John Proffatt - 1876 - 252 sider
...statute. (Foiger v. Columbian Ins. Co., 98 Mass. 267. See State v. Southern Pacific RR Co., 24 Tex. 80.) "A cause of forfeiture cannot be taken advantage of...proceeding for that purpose against the corporation, so that it may have an opportunity to answer." (Angell & Ames, J 777.) The question is discussed as... | |
 | John Barbee Minor - 1876 - 686 sider
...Co., 7 do. 294 ) Causes of forfeiture do not operate per se, nor can they even be taken advantage of collaterally or incidentally, or in any other mode than by a direct proceeding, instituted for the purpose, against the corporation, so that it may have an opportunity to answer.... | |
 | 1877 - 510 sider
...forfeiture in a corporate charter can be taken advantage of only by the sovereign, aud cannot be enforced collaterally or incidentally, or in any other mode than by a direct proceeding. 3. Rapid transit act: section 36, chap. 606, Laws 1875, not unconstitutional. — By Laws 1875, chap.... | |
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