Fort Pitt B. & L. Ass'n v. Model Plan B. & L. Ass'n

Citations

• 159 Pa. 308
• 28 A. 215
• 1893 Pa. LEXIS 1512

Syllabus

<p>Statutes — Repeal by implication.</p> <p>A subsequent statute revising the whole subject-matter of a former statute, and evidently intended as a substitute for it, although it contains no express words to that effect, operates to repeal the former.</p> <p>Corporations — Charter—Name—Amendment.</p> <p>A general power to alter or amend a charter of a corporation implies a power to alter or amend any part of the charter, and necessarily includes the power to alter the name which is part of the charter.</p> <p>Change of name of corporation — Acts of April 20, 1869 ; June 13, 1883.</p> <p>The act of June 13, 1883, P. L. 122, which authorizes corporations desiring to amend or alter their charters to apply to the governor therefor, repeals the act of April 20, 1869, P. L. 83, which authorized the courts of common pleas to change the name, style and title of corporations.</p> <p>Equity — Injunction—Name of corporation — Dismissal of bill — Final decree — Practice, Supreme Court.</p> <p>A court of equity has jurisdiction to entertain a bill by a corporation to restrain by injunction another corporation from wrongfully using plaintiff’s name. When such a bill has been dismissed by the lower court on demurrer, the Supreme Court, in reversing the decree, may enter a decree finally disposing of the whole matter, as plaintiff’s right rests not in parol, but in the record before the court.</p>