Legal Opinion

State v. Commercial Bank

Mississippi Supreme Court

Decided October 15, 1857PublishedCited by 6 opinions

Appeal from the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. This was an information in the nature of a writ of quo warranto, prosecuted in the Circuit Court of Yazoo county, by the district attorney of the Fifth Judicial District, on the relation of Morgan McAfee against the Commercial Bank of Manchester, to establish a forfeiture of its charter.

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Appeal from the Circuit Court of Yazoo county. Hon. E. Gr. Henry, judge. This was an information in the nature of a writ of quo warranto, prosecuted in the Circuit Court of Yazoo county, by the district attorney of the Fifth Judicial District, on the relation of Morgan McAfee against the Commercial Bank of Manchester, to establish a forfeiture of its charter. The bank pleaded in the usual form to the information, that it enjoyed and exercised the privileges and franchises mentioned in the information, by virtue of an Act of the legislature of this State, passed on the 26th day of -February,…

1Opinion of the CourtFisher, J.

This was a proceeding in the nature of a writ of quo warranto, commenced in the Circuit Court of Yazoo county, against the Commercial Bank of Manchester, with a view of having a judgment of forfeiture of its charter declared.

The information being against the corporation, by its corporate name, the defendant appeared, and pleaded the charter granted by an Act of the legislature, on the 26th day of February, 1836. The district attorney demurred to this plea, on the ground that it omitted to aver a performance of those acts, which were required to be performed, before the corporation could be…

2Cited by6 opinions

  1. People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
  2. State ex rel. Sanche v. WebbSupreme Court of Alabama · 1892
  3. State v. New Orleans Water Works Co.Supreme Court of Louisiana · 1901
  4. Beavers v. StateSupreme Court of Arkansas · 1895
  5. State ex rel. Prosecuting Attorney v. City of South ParkWashington Supreme Court · 1904

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