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accounts action agreed agreement alleged amount appellant Appellate Court appellee assessed attorney Auditor authority bill cars cause cent charged charter Chicago circuit court claim collected commissioners constitution construction contract Cook corporation counsel death decree deed defendant delivered determined directions district effect entered evidence execution fact filed finding fixed follows fund further give given granted held Illinois interest issue John judge judgment jurisdiction jury land levy liquor loan matter meeting ment necessary objection opinion owner paid parties payment period person petition plaintiff in error premises present proceeding purchase question Railroad railway real estate reason received record Reed referred respondent reversed rule statute street suit taken term testified testimony tion town tracks trial trust vested village witnesses writ
Halaman 557 - Letukas entered a motion for a new trial and a motion in arrest of judgment, both of which were overruled and denied by respondent as the presiding judge.
Halaman 326 - A contract of a corporation which is ultra vires in the proper sense (that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature) is not voidable only, but wholly void and of no legal effect. The objection to the contract is not merely that the corporation ought not to have made it, but that it could not make it.
Halaman 501 - BROWN delivered the opinion of the court. The bill in this case was dismissed...
Halaman 343 - ... the powers conferred upon it by the legislature, the corporation, as well as persons contracting with it, may be estopped to deny that it has complied with the legal formalities which are prerequisites to its existence or to its action, because such requisites might in fact have been complied with. But when the contract is beyond the powers conferred upon it by existing laws, neither the corporation, nor the other party to the contract, can be estopped, by assenting to it, or by acting upon it,...
Halaman 530 - The true test always is: Is the work in question a part of the interstate commerce in which the carrier is engaged?
Halaman 330 - A contract ultra vires being unlawful and void, not because it is in itself immoral, but because the corporation, by the law of its creation, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as...
Halaman 622 - To have and to hold the above-described premises and appurtenances, subject as aforesaid, unto the said parties of the second part, as joint tenants, and not as tenants in common, and to the survivor of them, and to the heirs and assigns of such survivor...
Halaman 465 - The first and great rule in the exposition of wills, to which all other rules must bend, is that the intention of the testator expressed in his will shall prevail, provided it be consistent with the rules of law.