Carroll v. City of East St. Louis

Citations

• 67 Ill. 568

Syllabus

<p>1. Eoreion corporation—power to pwrchase and hold lands in this State. A corporation, created in another State for the sole purpose of buying and selling lands, has no power to purchase'and hold the title to lands in this State, as it is against the general policy of our legislation on the subject of domestic corporations, and would tend to create perpetuities.</p> <p>2. Same—contracts enforced by comity only. It is well established that a corporation created in one State can not exercise its functions in another State or sovereignty without permission of the latter, express or implied. The comity between States, so far as it relates to corporations, depends for its exercise upon the laws of the sovereignty in which the power is to be exercised. The comity thus extended is the voluntary act of the State or nation by which it is offered, and is inadmissible when contrary to its policy or prejudicial to its interests.</p> <p>3. In the absence of any positive law denying or restraining the operation of a foreign law, courts of justice will presume the tacit adoption of them by their own government, unless they are repugnant to its policy or prejudicial to its interests. The public policy of a State must be determined by reference to its general legislation, -either by prohibitory or enabling acts, or by its general course of legislation on the given subject.</p> <p>4. State policy—law making power must determine. It is the legislative, and not the judicial power in the State, that must control and give shape to its public policy. Courts can only ascertain and observe that policy, and apply it to cases as they arise, without changing or obstructing it.</p> <p>5. A corporation, created by the general assembly of the State of Connecticut, for the purpose of purchasing and selling lands to the extent of §500,000, there being nothing in its charter compelling the company to sell lands it might acquire, within any fixed period, expended its whole capital stock in the purc