Wheadon v. Peoria, Pekin & Jacksonville Railroad

Citations

• 42 Ill. 494

Syllabus

<p>1. Pleading—mil tiel corporation. Where the plea of rml tiel corporation is filed, to an action brought by a railway company, to recover, it must appear that the body has accepted the charter and complied with its terms and conditions, or had performed acts and exercised the corporate powers in such a manner as manifested an intention to accept the charter, and that the body had become organized. On the other hand, when no such acts are shown, but it appears that another company are in possession and exercising the franchises, the presumption will be indulged that the corporators had not organized the body.</p> <p>2. Same — compliance with chm'ter. Where the charter for such a company requires the persons named as corporators to purchase the property and franchises of an existing road, as a condition precedent to their organizing as a corporate hody, it must, under the plea of nul tiel corporation, appear that the purchase was made, before they can recover the property which belongs to the previously existing company.</p>