Holloway v. Memphis, El Paso & Pacific Railroad
Texas Supreme Court
Error from Red River. Tried below before the Hon. William S. Todd. This was a suit brought by the Memphis, El Paso and Pacific Railroad Company, against the plaintiff in error, on the 18th day of December, 1858, to recover the sum of $110. The action was based, upon the defendant’s subscription to the stock of the Memphis, El Paso and Pacific Railroad Company, which was set out as an exhibit to the petition; and upon certain resolutions, purporting to have been adopted by…
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Error from Red River. Tried below before the Hon. William S. Todd. This was a suit brought by the Memphis, El Paso and Pacific Railroad Company, against the plaintiff in error, on the 18th day of December, 1858, to recover the sum of $110. The action was based, upon the defendant’s subscription to the stock of the Memphis, El Paso and Pacific Railroad Company, which was set out as an exhibit to the petition; and upon certain resolutions, purporting to have been adopted by the directors of the said company, declaring that calls of certain rates per cent., be made upon the stockholders; which…
1Opinion of the CourtWheeler, C. J.
It is the settled rule of the English law, and it is the rule in New York, Virginia, and some of the other states, that where a body politic institutes legal proceedings, either on a contract, or to recover property, it must, at the "trial, under the general issue, prove the fact of incorporation. (Angell *467& Ames on Corp. § 632, 4th edit., and cases cited.) In the case of The Bank v. Simonton, 2 Texas Rep. 531, this court held, that the plaintiffs must aver and prove, that they were a body corporate, duly constituted by competent authority, to enable them to maintain this action. That was the…
2Cases cited1 opinion
- President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
3Cited by19 opinions
- Taber v. Interstate Building & Loan Ass'nTexas Supreme Court · 1897
- Lone Star Finance Corp. v. DavisCourt of Appeals of Texas · 1934
- Duke v. TaylorSupreme Court of Florida · 1896
- Normandie Oil Corp. v. Oil Trading Co.Texas Supreme Court · 1942
- Reliable Iron Works v. First State Bank & Trust Co.Court of Appeals of Texas · 1922
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