Diligent Fire Co. v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia: No. 120, to July Term 1872. This was a proceeding for mandamus, commenced February 24th 1872, against the Diligent Eire Engine Company, at the relation óf John K. Wetherill.
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Error to the Court of Common Pleas of Philadelphia: No. 120, to July Term 1872. This was a proceeding for mandamus, commenced February 24th 1872, against the Diligent Eire Engine Company, at the relation óf John K. Wetherill. The petition of the relator set out that on the 1st day of January 1871, and for a long time previously, he had been a member and corporator in the “ Diligent Fire Engine Company of Philadelphia,” which was incorporated by the legislature of Pennsylvania on the 1st of April 1831 (Pamph., L. 316); that he had a right and interest in the real and personal property of the…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Mercur, J.
A corporation being a mere creature of the law possesses those powers only which are given to it by its charter, either expressly or impliedly, as necessary in strict furtherance of the objects of its creation. It can exercise no powers or authorities, except such as are conferred or authorized by its charter, or those necessarily incident to the powers and authorities thus granted, and, in estimation of law, part of the same: Wolf v. Goddard, 9 Watts 550. The plaintiff in error was incorporated under the Act of 1st April…
2Cases cited1 opinion
- Wolf v. GoddardSupreme Court of Pennsylvania · 1840
3Cited by7 opinions
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- Ondo v. Greek Catholic UnionSuperior Court of Pennsylvania · 1944
- Thayer v. ThompsonSupreme Court of Pennsylvania · 1908
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