A Treatise on the Law of Municipal Corporations Volume 2

A Treatise on the Law of Municipal Corporations Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...men swearing to each side of the question. If a tact of this kind can be proved by parol evidence. it is difficult to see why the election of ofllcers may not be proved in the same manner. This goes to the foundation oi' our system of civil society." 49. Chamberlain v. Dover, 13 Me. 466, 473. 50. Sullivan v. Leadville, 11 Colo. 483, 18 Pac. 736; Logansport v. Crockett, 64 Ind. 319; in re St. Louis v. Foster, 52 M0. 513; Carlton Street, 16 Hun (N. Y.) 497, 499. See 620 ante. 50a. 626 post. 624. Parol evidence to show omissions. While the decisions present some apparent conflict respecting collateral impeachment of records of public or quasi-public corporations which are required by express law to be kept in writing, they are reasonably uniform in admitting parol evidence to establish the real facts of transactions or corporate acts, in the entire absence of all record, or where the record kept is so meager that the particular transaction, act, or vote is not disclosed by it. This principle has been adopted in order to preserve the rights of creditors of the corporation or third persons who have performed work or services or expended money for the benefit of the corporation, relying in good faith upon the regularity and legality of the proceedings. It has also been invoked in other instances as will appear fully from the cases in the note." 51. Parol evidence to show omissions. "When there is an omission to make records, the rights of other persons acting under or upon faith of a vote not recorded, ought not to be prejudiced." Per Williams, C. J., in Hutchinson v. Pratt, 11 Vt. 402, 421; Bank v. Dandridge, 12 Wheat. (U. S.) 64, 6 L. Ed. 552. A record of a vote which shows on its face that...show more

Product details

  • Paperback | 372 pages
  • 189 x 246 x 20mm | 662g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236985060
  • 9781236985064