Calder v. Michigan, 218 U.S. 591 (1910)

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Calder v. Michigan

No. 58

Argued November 29, 30, 1910
Decided December 12, 1910
[U.S. Reports citation not yet available]

ERROR TO THE SUPREME COURT

OF THE STATE OF MICHIGAN

Syllabus

This Court does not inquire into the knowledge, negligence, methods or motives of the legislation if, as in this case, the statute is passed in due form, and where the statute repeals the charter of a corporation under the reserved power of repeal, the only question here is whether the statute goes beyond the power expressly reserved.

A corporation contracts subject, and not paramount, to reservations in its charter, and cannot, by making contracts or incurring obligations, remove or affect such reservations.

A franchise given by a city to a public service corporation does not enlarge the right of the corporation to exist as against an expressly reserved power to repeal the charter, even if the corporation has mortgaged such franchise.

In this case, held that the question of parties is not open in this Court.

153 Mich. 724 affirmed.

The facts are stated in the opinion.