Board of Councilmen v. Deposit Bank

Citations

• 120 F. 165
• 1902 U.S. App. LEXIS 5310

Syllabus

<p>1. Bill of Review — Effect of Dissolution of Corporation.</p> <p>A bill of review, the object of which is to set aside a decree in favor of a corporation, cannot be maintained after the corporation has been dissolved, and has ceased to exist absolutely; and the objection to the filing of such bill may be raised by a former officer or attorney of the corporation, upon whom notice of the application has been served.</p> <p>2. Corporations — Right to Sue after Dissolution — Kentucky Statute.</p> <p>Act Ky. Feb. 14, 1856, § 2, which provided that on the dissolution of a corporation it might sue and be sued as before for the purpose of settlement of its affairs and distribution of its property, re-enacted in Gen. St Ky. 1873, c. 68, § 9, was repealed by implication by Acts Ky. 1891-93, c. 203, which substantially re-enacted Gen. St. c. 68, but omitted section 9 thereof.</p> <p>8. Same.</p> <p>Ky. St. § 561, providing for the bringing of suits by or against a corporation which “expires by the terms of the articles of corporation or by the voluntary act of the stockholders,” has no application to a corporation whose existence is terminated by the repeal of its charter by the legislature.</p> <p>4. Same.</p> <p>Ky. St. § 1987, relating to the chartering of corporations by the legislature, and which provides that, “whilst privileges and franchises so granted may be changed or repealed, no amendment shall impair other rights,previously vested,” refers to rights of the corporation and persons interested therein, and not to rights of persons having claims against it.</p> <p>5. Bill of Review — Application for Leave to File — Effect of Permission</p> <p>Given by Appellate Court.</p> <p>Where an application to the supreme court of the United States for permission to apply to°a circuit court for leave to file a bill of review fór the reconsideration of a decree of that court which the supreme court had affirmed was granted formally without passing on objections made to the gran