 | Iowa. Supreme Court - 1864 - 670 페이지
...corporation, must be resolved in favor of the public ; and a power cannot be exercised where it is not clearly comprehended within the words of the act, or derived therefrom by necessary implication. Clark, Dodge <fc Go. v. The City of Davenport, 494. GUARDIAN AD LITEM. 1. APPOINTMENT OP GUARDIAN AD... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1869 - 1028 페이지
...construction of grants by the legislature to corporations, whether public or private, that only such powers or rights can be exercised under them as are clearly...— regard being had to the objects of the grant. U. 8. Supreme Ct. 1859, Minium t>. Lame, 23 How. 435. And вес Perrine t>. Chesapeake & Delaware... | |
 | John Forrest Dillon - 1873 - 546 페이지
...of grants by the legislature to corporations, whether l»Mic or private, that only such powers and rights can be exercised under them as are clearly...arising out of the terms used by the legislature must be revived in favor of the public. This principle has been «o often applied in the construction of corporate... | |
 | Ohio. Supreme Court - 1908 - 598 페이지
...so that, as held in Opinion of the Court. Minturn v. Lame, 23 How. (US), 435, "only such powers and rights can be exercised under them as are clearly...act or derived therefrom by necessary implication," doubtful claims as to power being always resolved against the corporation. This rule has been so repeatedly... | |
 | United States. Supreme Court, Samuel Freeman Miller - 1875 - 764 페이지
...of grants by the legislature to corporations, whether public or private, that only such powers and rights can be exercised under them as are clearly...legislature must be resolved in favor of the public. This principle has been so often applied in the construction of corporate powers, that we need not... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - 724 페이지
...corporation, must be resolved in favor of the public ; and a power cannot be exercised where it is not clearly comprehended within the words of the act, or derived therefrom by necessary implication. Clark, Dodge & Co. v. The City of Davenport, 14 Iowa, 494, and § 32, ante. 60. Plea of ultra vires.... | |
 | William Wait - 1878 - 1004 페이지
...strictly construed (Id. ; Leonard v. Canton, 35 Miss. ISO ; Wallace v. San Jose, 29 Cal. 180) ; and any ambiguity or doubt arising out of the terms used...of the public. Minturn v. Larue, 23 How. (US) 435. See, also, Collins v. Hatch, 18 Ohio, 523; Lafayette v. Cox, 5 Ind. 38. On the other hand, powers expressly... | |
 | 1894 - 2072 페이지
...only such powers and rights can Ix1 exercised under them as ¡ire clearly comprehended within tlio words of the act, or derived therefrom by necessary...legislature must be resolved in favor of the public. This principle lias been so often applied in the construction of corporate powers that we need not... | |
 | 1895 - 2084 페이지
...corporations it is the policy of the law to require of such corporations a strict observance of their power. "Any ambiguity or doubt arising out of the terms used by the legislative must be resolved in favor of the public/' Minturn v. La rue, 23 How. 435, 436; The Binghamton... | |
 | Charles Theodore Boone - 1881 - 626 페이지
...granted or necessarily implied, are not to be defeated or impaired by a stringent construction.4 But any ambiguity or doubt arising out of the terms used by the legislature must be construed to operate in favor of the public, and against the corporation.6 And extraordinary authority... | |
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It is a well-settled rule of construction of grants by the Legislature to corporations, whether public or private, that only such powers and rights can be exercised under them as are clearly comprehended within the words of the act or derived therefrom... 
