Osborn v. People ex rel. Lewis

Citations

• 103 Ill. 224
• 1882 Ill. LEXIS 169

Syllabus

<p>1. Evidence—to show title or want of title. The want of title in a person can not be proved by verbal testimony. To prove title, or the want of title, the best evidence must be produced, or its absence properly accounted for to admit secondary evidence. The opinions of witnesses are not competent to prove that a person is not a land owner.</p> <p>2. Corporation—organization can not he attached collaterally. The legality of the organization of a corporation can be attacked and judicially examined only in a direct proceeding by quo warranto. It can not be inquired into in a collateral proceeding, such as a suit by the corporation.</p> <p>3. Pleading and evidence—proof necessary on plea of nul tiel corporation. The plea of nul tiel corporation is a proper plea in a suit by a corporate body, when it is denied there is any such body, hut under that plea it is sufficient for the corporation to prove that it is .known and transacts business under the corporate name in which the suit is assumed to be brought, or is a corporation de facto. It is not necessary under such plea in such suit to show that the plaintiff is a corporation de jure, as in case of a quo warranto.</p>