President & Trustees of the Town of Mendota v. Thompson
Illinois Supreme Court
This was an action of debt, for a penalty for selling liquors. There was a trial before a justice of the peace, which was appealed to the County Court of La Salle county, and tried before the judge of said court, at the June term, 1857. There was a finding for the defendant. Motion for new trial overruled. The issues were oral. One plea was nul tiel corporation.
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This was an action of debt, for a penalty for selling liquors. There was a trial before a justice of the peace, which was appealed to the County Court of La Salle county, and tried before the judge of said court, at the June term, 1857. There was a finding for the defendant. Motion for new trial overruled. The issues were oral. One plea was nul tiel corporation. At the trial, the plaintiife below, and plaintiffs in error here, introduced an ordinance, pissed by persons purporting to be the president and trustees oi the town of Mendota, and acting as such, which is as follows: Be it ordained…
1Opinion of the CourtBreese, J.
The question on this record arises on the plea by defendant, in the court below, of nul tiel corporation,. and found for him.
As a general principle, it is sufficient, in order to prove the existence of a corporation, to produce the charter, and then prove acts done under and in conformity with the charter. Utica Ins. Co. v. Tilman, 1 Wend. R. 555; Gaines v. Bank of Miss., 7 English (Ark.) R. 769; Bank of Manchester v. Allen, 11 Verm. R. 302; 3 Wend. R. 296.
Proof that all preliminary steps were taken, and that too by written evidence, as was insisted on in this case, would produce not only…
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