59 Iowa 563 | Iowa | 1882
A corporation has all the power expressed in its articles of incorporation or charter, and all other power reasonably incident to the exercise of the expressed powers, unless restricted by some statute or rule of law. The evidence does not show the articles of incorporation or charter of the 0. B. & Q. E. E. Oo., but if it is a foreign corporation as averred, it could not, prior to the act of March, 1878 (Sec. 1211 Miller’s Code,) condemn land for right of way in this State, whatever its articles of incorporation or charter might provide. The lateral line in question appears to have been partially constructed in the summer and fall of 1878. The Chillicotlie & Chariton E. E. Oo. was organized in November, 1878. Whether the act in question had been overlooked or whether it was supposed that with that act the 0., B. & Q. E. E. Oo. had no power to condemn the land in question, or what view was taken, does not appear. The defendants insist that it is not material to consider what power the 0., B. & Q. E. E. Oo. had, so far as its articles of incorporation or charter was concerned; that if it.should be conceded that it lacked the power in question, the deficiency might be supplied by an amendment of its articles of incorporation or charter, and, if so, that the organization of a new company under the laws of Iowa should be deemed equivalent to such amendment, at least so far as the plaintiffs are concerned. They say that the plaintiffs have not only been justly compensated, but that there has been a compliance with the forms of law, and so the plaintiffs have no ground of any kind upon which they can stand in a court of equity.
To this position the plaintiffs make several objections. They deny that there has been a compliance even with the forms of law. They say, among other things that the Chillicotlie & Chariton E. E. Co. never surveyed any line of road,
Affirmed.