SECTION

II.

7641. Preliminary.

7642. Validity of corporate existence

not questioned collaterally.

7643. Not even in case of a fraudulent

organization.

7644. Suing a corporation as such

admits its corporate exist-

ence.

7645. A general appearance by a cor-

poration admits corporate ex-

istence.

7646. Corporate existence admitted

by taking an appeal.

7647. Defendant contracting with

SECTION

plaintiff as a corporation

estopped to deny that it is

such.

7648. Extent and illustrations of this

estoppel.

7649. Cases denying this principle.

7650. Assumed corporation contract-

ing as such estopped to deny

its own existence.

7651. This estoppel extends to officers,

directors, and members.

7652. The question of corporate ex-

istence in criminal proceed-

ings.

SECTION

7658. When not necessary to allege

corporate existence.

7659. Doctrine that it is necessary to

allege corporate existence.

7660. Necessary when suing for rights

which can only inhere in a

corporation.

7661. What averments of corporate
existence sufficient.

7662. Whether necessary to repeat
averment of corporate exist-
ence in successive counts.
7663. Declaring against a corporation
which has changed its name.

7664. Question of corporate existence

must be raised by defend-

ant.

7665. Plea to the merits admits cor-

porate existence.

7666. How question of corporate exist-
ence raised in pleading.
7667. Statutory rule in New York re-
quiring plea in abatement or
in bar.

7668. When must be raised by a de-
nial under oath.

7669. Question raised by plea of nul
tiel corporation.

7670. This plea raises only question

SECTION

of existence de facto of corpo-

ration.

7671. Nul tiel corporation, how plead-

ed.

7672. Further as to particularity of

averment in raising question

of corporate existence.

7673. Particularity

of statement
where defendant pleads cor-

porate existence.

7674. Particularity in replication to
plea of nul tiel corporation.

7675. Burden of proof under this plea.
7676. Plea of nul tiel corporation de

fendant.

7677. Nul tiel corporation defendant,

how pleaded.

7678. Stage of the proceedings at
which defense of nul tiel cor-
poration pleadable.
7679. Amendments in case of failure
to plead corporate existence.
7680. Defense that plaintiff corpora-

tion was organized for un-
lawful purposes.
7681. Corporate existence how put
in issue in actions before jus-
tices of the peace.

7682. Manner of pleading dissolution.

SECTION

7689. By proving charter and user

thereunder.

7690. Proof of the charter.

7691. Judicial notice of charters and
general statutes of incorpora-
tion.

7692. Distinction between judicial no-
tice of charter and judicial
notice of corporation.

7693. Presumption of ancient charter.

7694. Proof of corporate existence by

reputation.

SECTION

7695. Proof under statutes by show-

ing that the body acted as a

corporation.

7696. Proof of user under a charter.
7697. User proved by proving a cor-
poration de facto.

7698. User under a general law.
7699. Proving corporate existence
where corporation is organ-

ized under general laws.

7700. Filing of articles and election

of officers.

SECTION

7728. Corporate books and records

admissible against the corpo-

ration.

7729. Admissible between the corpo-

ration and its members.

7730. Admissible in a controversy be-

tween members.

7731. How far evidence against stock-

holders.

SECTION

7732. Exceptions and contrary hold-

ings.

7733. Books of account.

7734. Corporate books and records

admissible to prove their acts

and proceedings.

7735. Consequences of the rule that

the corporate books are the

best evidence.

SECTION

7779. To enjoin State railroad com-

missioners from enforcing

unreasonable rates.

7780. Whether a bill for an injunc-

tion against railway commis-

sioners is a suit against the

State.

7781. At the suit of private persons
to compel corporations to
perform their public duties.
7782. Injunctions against strikes, boy-
cots, and other combinations
among workingmen.
7783. Other decisions illustrating the
use of injunctions in the case
of corporations.

7784. Cases where such injunctions

not granted.