Stone v. Great Western Oil Co.

Citations

• 41 Ill. 85

Syllabus

<p>' 1. Burden of fboof—in suit by a corporation—under plea of nul tiel corporation. In a suit by a corporation upon a call on a subscription to the capital stock of the company, under the issue on the plea of nul tiel corporation, the onus is upon the plaintiff to prove its corporate existence.</p> <p>2. Corfobation under the generad law—proof of its corporate existence— what is sufficient. Where the corporation claims to have organized under the general law of 1857, authorizing “ the formation of corporations for manufacturing purposes,” it is not necessary to the proof of its corporate existence, under the plea of nul tiel corporation, that it should appear, the duplicate of the writing by which the association was constituted was filed in the office of the secretary of State, as required by the act.</p> <p>3. Same—whether filing the duplicate is necessary. It has been held, that such a requirement is directory only, and the omission to file the duplicate would not defeat the organization.</p> <p>4. Same—in what proceeding such an omission might be availing. It has also been held, that, when a company had taken all the steps to be incorporated under the general law of 1849, but had omitted to file the certificate of incorporation in the office of the secretary of State, such a non-compliance with the statute might sustain a quo warranto on behalf of the people and oust the corporators from the exercise of their franchise, but it does not necessarily follow that it is not, as to third persons, a corporation.</p> <p>5. Practice — when the specific objection to evidence must be stated on the trial. If an objection to evidence which can be obviated by further proof, be not specifically made on the trial, it will not avail as a ground for reversing the judgment.</p> <p>6. So in a suit by a corporation, under a plea of nul tiel corporation, the plaintiff offered in evidence a paper purporting to be a license, such as is required by the general law under which the plain