Mud Creek Draining Co. v. State ex rel. Marley

This was an information brought by the appellees against the appellant, uflder the third and fourth subdivisions of section 749 of the code, 2 G. & H. 322-3, which read as follows: “ Where any association or number of persons shall act within this State as a corporation, without being legally incorporated, or where any corporation do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation, or when they exercise powers not conferred by law.” It is clear that these provisions relate, first, to persons who claim to exercise, or are exercising powers…