County Court v. People ex rel. Toledo, Wabash & Western Railway Co.

Citations

• 58 Ill. 191

Syllabus

<p>1. Mandamus—of the pleadings—on demurrer to petition—what held to he sufficient statement of facts—showing that the consolidation of two certain corporations was legal. By authority of the legislature, the county court of Macoupin county subscribed $30,000 to the capital stock of the Decatur & East St. Louis railroad company, and by the terms of the subscription it was agreed that the county should issue its bonds to said company in payment therefor ; the bonds to be delivered when the road was completed through the county, and when so delivered, the stock should be delivered to the county, and the same should thereupon be transferred to the company at the rate of one dollar per hundred shares. Afterwards, said corporation consolidated with the Toledo, Wabash and Western railway company, which latter corporation instituted a proceeding, to compel, by mandamus, the county court to issue said bonds, and also, to transfer the said stock to petitioner, for the price stipulated. By agreement, the alternative writ was waived, and thereupon a demurrer was interposed to the petition: Held, that an objection, that the petition does not state sufficient facts, to enable the court to determine the legality of the alleged consolidation, could not be sustained, it appearing that the petition does aver, that the original corporation consolidated with the petitioner, and thereby succeeded to all the rights, franchises and property of the former corporation. This averment is sufficient, and the legal intendment is, that the consolidation was in accordance with the law.</p> <p>3. Same—validity of consolidation—how determined. The validity of the act, between the two corporations, can only be determined after an issue made, by a proper return to the alternative writ.</p> <p>3. Subscription to stock—construction of, in a particular case. That by the express terms of the subscription made in this case, the county was entitled to the stock of said corporation, upon the delivery of th