Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volume 12
David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey
Mercantile Print. Company, 1894 - Law reports, digests, etc
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action aforesaid agreement alleged amount appears applied assignment authority Bank become bond building cause charge child or children claim common considered Constitution construction contract corporation Court created creditors damages death debt debtor defendant Delaware devise directed dower duty effect entitled equal equity evidence execution exercise existing express fact give given ground held hold husband intention interest issue joint judgment jurisdiction jury lands leaving Legislature levy limitations mandamus matter meaning nature necessary notes notice object officers opinion original paid parties passed payment person plaintiff plea possession present proper proved provisions question real estate reason recover relator remain remedy respect rule share statute suit survivor taken thereof tion trust wall whole wife Wilmington witnesses writ
Page 58 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it. either expressly, or as incidental to its very existence.
Page 90 - ... to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any other place whatsoever...
Page 62 - This is plainly a contract to which the donors, the trustees, and the crown (to whose rights and obligations New Hampshire succeeds) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is then a contract within the letter of the constitution, and within its spirit also...
Page 357 - It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where there is no other specific remedy. It protects the liberty of the subject, by speedy and summary interposition.
Page 293 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 55 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Page 65 - The objection to a law, on the ground of its impairing the obligation of a contract, can never depend upon the extent of the change which the law effects in it.
Page 142 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. 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.