Stowe v. Flagg
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. August 10, 1870, James G. Stowe, William F. Flagg and Nathan F. Mathewson, made a certificate of incorporation, under the statute for the formation of corporations (Laws 1857, p. 161), which certificate was filed in the office of the Secretary of State October 5, 1870, and in the office of the circuit clerk of McLean county November 11, 1870, and said clerk, on the 12th day of said…
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. August 10, 1870, James G. Stowe, William F. Flagg and Nathan F. Mathewson, made a certificate of incorporation, under the statute for the formation of corporations (Laws 1857, p. 161), which certificate was filed in the office of the Secretary of State October 5, 1870, and in the office of the circuit clerk of McLean county November 11, 1870, and said clerk, on the 12th day of said November, issued a license to said Stowe, Flagg and Mathewson, to carry on the business mentioned in the certificate,…
1Opinion of the CourtJustice Sheldon
The question here presented is, whether there was a corporation, and the property involved had become corporate property.
There clearly was no corporation on the 10th of August, 1870, or until the 12th of November, 1870, the time the license was issued. A corporation can not be constituted by the agreement of parties. It can only be created by or under legislative enactment. The third section of the act relating to the formation of manufacturing, etc., corporations (Laws 1857, p. 161), provides that, “'when the certificate (described in the first section) shall have been filed as aforesaid…
2Cases cited1 opinion
- Thrasher v. Pike County RailroadIllinois Supreme Court · 1861
3Cited by13 opinions
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- Humphreys v. MooneySupreme Court of Colorado · 1880
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