Cyclopedia of the Law of Private Corporations, Volumen7

Portada
Callaghan, 1919

Dentro del libro

Páginas seleccionadas

Contenido

4229
7397
4232
7403
4233
7411
Conclusiveness of order or decree assessing stockholders
7422
Application of the statute of limitationsGeneral principles
7434
Interruption or tolling of statute
7446
4253
7489
Release of individual stockholders
7496
4262
7505
Contribution among stockholders
7511
Recovery of voluntary payments
7517
4272 Power conferred by charter or statute
7523
Persons liable rights and liabilities of pledgees agents and trustees
7531
Estoppel of stockholders acquiescence
7541
Statutory liability
7558
Members as partners inter se
7559
Rights of associates as individuals
7560
4316
7562
4351
7563
CHAPTER 57
7564
Power of legislature to amend or repeal in general
7565
Powers of Congress
7567
CONSTITUTIONAL LIMITATIONS ON AMENDMENT OR REPEAL 4289 On powers of Congress
7568
Contract rights of corporations under general laws
7572
What constitutes an impairment of the obligations of contractsIn general
7573
Of the contract between the corporation and its stockholders
7575
4295 Of the contracts between the corporation and third persons
7576
Of the contracts of public service corporations
7578
Legislation changing or affecting remedies
7581
Waiver of objection as to impairment of contract obligation
7583
RESERVATION OF POWER TO ALTER AMEND OR REPEAL 4299 In general
7584
Constitutional and statutory provisionsIn general
7585
Requirement of twothirds vote of legislature
7588
Effect of reservation of power upon legislative power
7589
Corporations affected
7591
Effect of legislative grant of irrepealable charter
7592
Extent of reserved powerIn general
7595
Conditional power
7597
Illustrations of vested rights
7598
4312 Injustice to corporators prohibited
7600
Extent of reserved power to repealIn general
7601
Conditional power of repeal
7602
Extent of reserved power to alter or amendIn general
7604
4319
7610
Corporate reports
7616
Rates and charges of railroads and other quasi public corporations
7623
Procedure registration fees
7632
Power of majority to bind minority
7638
4353 Presumptions as to validity of amendment or repeal intent to repeal
7643
General considerations
7648
Requiring consent of board or commission to issuance of stock
7649
Regulation of insurance companies
7650
Franchise as constituting an actual contract as to rates
7651
Present value as testGeneral rule
7652
CHAPTER 58
7653
4363
7659
State legislatureIn general
7665
Corporations subject to jurisdiction of public service commissions
7672
GENERAL CONSIDERATIONS
7674
Regulations as to remedies procedure or punishment
7711
Regulations forbidding discriminations
7717
License feesIn general
7728
Application of rules to particular corporations
7735
4443
7746
Regulations of telegraph telephone and electric light companiesIn
7754
4455
7760
Rates of municipal plants
7772
State
7778
Regulation of Rates as Violating Constitutional Provisions
7787
4489
7793
4492
7800
Rule as applicable to municipal plants
7817
4519 Effect of incorporation after enactment of rate regulation
7829
Reasonableness of return as a whole
7835
4535
7848
4538
7855
Deduction for depreciation
7861
Operating expensesIn general
7867
PROCEDURE CONNECTED WITH REGULATIONS AND REVIEW THEREOF
7877
4553
7883
X
7891
Due process of lawIn general
7953
Equal privileges and immunities
7969
4586
7980
4587
7993
Double taxationValidity
8018
4590
8024
Bonds etc of United States
8032
National banks
8039
4595
8046
Corporations existing in two or more states
8054
4603
8060
4605 Corporate franchises and privileges
8067
4613
8078
Territorial limitations on power to
8094
Delegation of taxing power
8103
Personalty in general
8109
Credits
8116
Remedies for illegal taxation
8159
OF THE STOCK SHAREHOLDERS AND BONDHOLDERS
8172
Situs of shares of stock in general
8182
National bank shares
8195
Remedies for illegal tax or assessment
8201
Legislative powerIn absence of constitutional prohibition
8210
Impairment of contract of exemptionIn general
8217
Necessity that grant be express
8223
Construction of exemption in general
8232
Property included in exemptionIn general
8242
Transfer of exemption
8262
Abandonment surrender or waiver of exemption
8271
Privilege taxes and licenses
8277
Valuation
8293
Withdrawal or impairment of authority
8297
4723
8298
In general
8299
Rights against corporate officers
8300
4666
8309
Mode of conferring authority
8315
4679
8322
General rules
8331
Consolidation as creating new companyGeneral rule
8340
Transfer of property without consolidation or merger
8347
Contracts and claims of consolidating corporations
8353
Exemptions and immunities as passing to new companyIn general
8358
Exemption from taxation
8365
4735
8373
4747
8386
Liability for torts
8392
4757
8400
Rights of third persons
8411
Attempted consolidation as a dissolution
8417
Jurisdiction parties and procedure in actions to prevent or set aside
8424
REMEDIES AND PROCEDURE RELATING TO ACTIONS BY OR AGAINST
8428
Pleading
8435
Evidence of consolidation and presumptions in favor
8441
4821
8449
Jurisdiction of courts over actionsGeneral rules
8456
4835
8460
Contents in general
8461
4939
8463
CHAPTER 61
8465
4838
8469
Contracts of promoters as binding themselves and reorganized com
8475
4853
8481
4861
8489
4866
8496
Change of state bank into national bankStatutory authority
8502
4884
8512
4898 Time within which to joinIn general
8518
Silence as equivalent to consentIn general
8524
4914
8532
RIGHTS OF STOCKHOLDERS
8540
Right of one bondholder to exclude other bondholders from benefit
8546
Right to pay bid in bonds
8551
4946
8557
EFFECT AS CONTINUATION OF CORPORATION OR CREATION OF
8564
Grant of special charter to an existing corporation
8570
Contracts of old company as continuing in favor of new company
8576
4975
8580
4985
8591
4993
8598
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Términos y frases comunes

Pasajes populares

Página 7766 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Página 7362 - ... shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Página 7984 - We have repeatedly held that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, for the reason that such taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.
Página 8029 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government.
Página 7871 - Before coming to the question of profit at all the company is entitled to earn a sufficient sum annually to provide not only for current repairs but for making good the depreciation and replacing the parts of the property when they come to the end of their life.
Página 8028 - The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Página 7956 - ... due process of law,' but if found to be arbitrary, oppressive, and unjust, it may be declared to be not 'due process of law.
Página 7947 - While reasonable classification is permitted, without doing violence to the equal protection of the laws, such classification must be based upon some real and substantial distinction, bearing a reasonable and just relation to the things in respect to which such classification is imposed; and classification cannot be arbitrarily made without any substantial basis.
Página 7845 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case.
Página 7940 - Amendment, that no state shall deny to any person within its jurisdiction the equal protection of the laws, was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways. It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries, and the property of charitable institutions. It may impose different specific taxes upon different trades nnd professions, and may vary the rates of excise upon various products.

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