The Nature of the Corporation as a Legal Entity, with Especial Reference to the Law of Maryland ...Johns Hopkins University, 1919 - 239 strani |
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action agent amendment apply authority Baker Motor Vehicle Baltimore Bank business corporations capacity charter cited citizens citizenship common law Company conception conclusion contract corporate acts corporate body corporate existence corporate form corporate personality Corporation Law Court of Appeals Dartmouth College decision deny Deveaux directors discussion distinct enemy character estoppel exercise fact facto doctrine federal courts fiction theory fictitious fifth amendment foreign corporation franchise fraud held Henderson incorporation individual members interpretation involving private corporations jurisdiction Juristic Person L. T. Rep legal entity legal fiction legislature liability Lord Parker Maryland Court natural persons opinion pany political porate entity privileges public corporation public-service corporations purpose question Railroad reality reason recognized regarded residence rights and duties rule separate entity shareholders statute stockholders sued suit Supreme Court term theory of corporate tion trading ultra vires United States Constitution United States Supreme vidual Western Maryland Railroad
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Stran 108 - Having no absolute right of recognition in other States but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose.
Stran 106 - It exists only in contemplation of law, and by force of the law ;, and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation and cannot migrate to another sovereignty.
Stran xii - 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. They enable a corporation to manage its own affairs and to hold property without the perplexing intricacies, the hazardous and endless necessity of perpetual conveyances for the purpose of transmitting it from hand to hand.
Stran 80 - Where a corporation is created by the laws of a State, the legal presumption is, that its members are citizens of the State in which alone the corporate body has a legal existence.
Stran 71 - ... to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all state courts having competent jurisdiction, and in any circuit court of the United States...
Stran 36 - Romana peregrino fingitur, si eo nomine agat aut cum eo agatur, quo nomine nostris legibus actio constituta est, si modo iustum sit earn actionem etiam ad peregrinum extendí : ueluti si furti agat peregrinus aut cum eo <agatur.
Stran 132 - ... does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such...
Stran 124 - The amendment is limited to a person who shall be compelled in a criminal case to be a witness against himself...
Stran 74 - However true the fact may be, that the tribunals of the states will administer justice as impartially as those of the nation, to parties of every description, it is not less true that the constitution itself either entertains apprehensions on this subject, or views with such indulgence the possible fears and apprehensions of suitors, that it has established national tribunals for the decision of controversies between aliens and a citizen, or between citizens of different states.
Stran 58 - Under this article of the constitution it rests with congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, congress -must necessarily decide what government is established in the State before it can determine whether it is republican or not.