Rufus Wheeler Peckham

“ But a proceeding by the state against a de facto corporation to forbid its acting any longer as such on the ground that no legal right exists for it to be a corporation, we have no doubt is well brought against the company alone, treating it as such de facto corporation, and serving process upon its officers in accordance with the charter or law under which it assumes to be acting as such corporation. ”

“ What we here insist is, that where the state has acted through her legislature and authorized the organization of the corporation, and such corporation has been constituted under her authority, that, in common with other persons, it cannot, after its creation, be denied the common right to pursue any lawful business or enterprise not inconsistent with the objects and purposes of its cretion ”

“ What is meant by this latter claim is stated by the plaintiff in error as follows:
'We do not wish to be understood as dissenting from the doctrine of the plenary power of the state over the subject-matter of creating or authorizing such corporations, and we concede that her power to grant or withhold charters, as well as to grant or withhold authority to others, to constitute such corporations, is unlimited. ”