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" It is true that it is a principle of law that a cause of forfeiture of the. existence of a corporation 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... "
The Southeastern Reporter - Side 231
1888
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Institutes of Common and Statute Law, Volum 1

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....
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Albany Law Journal, Volum 16

1877 - 510 sider
...forfeiture in a corporate charter can be taken advantage of only by the sovereign, and 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, «oí títiconsti'íutionai. — By Laws 1875,...
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Albany Law Journal, Volum 16

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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Howard's Practice Reports in the Supreme Court and Court of ..., Volum 54

Nathan Howard (Jr.), Rowland M. Stover - 1878 - 678 sider
...enforced only by and in the name of the people of the state, acting in their sovereign capacity. It " cannot be taken advantage of or enforced against a...by a direct proceeding for that purpose against the corporaVOL. LIV. 24 Central Crosstown RR Co. agt. Twenty-third Street R. R Co. et al. tion ; and the...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 5

1878 - 680 sider
...privilege. JE Parsons and GF Comstock, for applts. J. Emott and AJ Vanderpoel, for respts. Held, That a cause of forfeiture cannot be taken advantage of, or enforced against a corporation collatorally or incidentally, or iii any other mode than by a direct proceeding for that purpose against...
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The Law and Practice of Joint Stock Companies Under the Canadian Acts: A ...

Charles Henry Stephens - 1881 - 680 sider
...same rule, following apparently the English cases, is adopted by an American authority,1 which says, " A cause of forfeiture cannot be taken advantage of...by a direct proceeding for that purpose against the c orporation, so that it may have an opportunity to answer." And in West Carolina, etc., Insurance...
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The Revised Civil Code of the State of Louisiana: To which are Added Useful ...

Louisiana - 1883 - 1060 sider
...granted by a State does not become absolutely null by the inexecution of the condition attached 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...
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A Digest of Railway Decisions: Comprising All Reported American ..., Volum 2

John Fletcher Lacey - 1884 - 1404 sider
...enforced only by and in the name of the people of the state acting in their sovereign capacity. It cannot be taken advantage of or enforced against a...proceeding for that purpose against the corporation ; and the government creating the corporation can alone institute the proceeding, and it can waive...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 89

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 704 sider
...forfeiture. In Angel 1 & Ames Corp., llth ed., section 777, it is said: '• A cause of forf.-iture can not be taken advantage of, or enforced against a corporation collaterally or incidentally, or in an7 other mode than by a direct proceeding for that purpose against the corporation, so that it may...
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The American Law Register, Volum 24;Volum 33

1885 - 890 sider
...Proceeding to If Determined — Injunction — Ultra Vires — A cause of forfeiture of a franchise can not be taken advantage of, or enforced against a corporation...proceeding for that purpose against the corporation : Attorney- General v. Chicago and Ecamton Railroad Co., 112 111. 620 ABSTRACTS OF RECENT DECISIONS....
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