People v. Northern Railroad
New York Supreme Court
THIS action is in the nature of a quo warranto, to dissolve a corporation known-as the Northern Eailroad Company, and for other relief.
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THIS action is in the nature of a quo warranto, to dissolve a corporation known-as the Northern Eailroad Company, and for other relief. The complaint charged that the corporation received its charter under an act of the legislature, passed in 1845; that it became and was insolvent in October, 1854, and had ever since' remained insolvent; since which time it had neglected to pay its notes and other evidences of debt, and entirely suspended its lawful and ordinary business; that it had surrendered its franchise to the government; and that the three natural persons named as defendants with the…
1Opinion of the CourtJames, J.
The counsel for the defendant first interposed, as a preliminary objection, that this cause could not be brought on for hearing at special term, but should go upon the circuit calendar, and be tried by a jury. By the Code, (§§ 253, 254,255,) all issues except in actions for *100the recovery of money only, or of specific real or personal property, or for divorce on the ground of adultery are triable by the court, and may be tried at circuit or special term. (Mule 28.) As this action is not within either of the exceptions in section 253, it follows that it may be tried at special term. The motion…
2Cases cited7 opinions
- Slee v. BloomNew York Supreme Court · 1822
- Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
- Sebastian Bradt v. . Ephraim BenedictNew York Court of Appeals · 1858
- Bank of Columbia v. Attorney GeneralCourt for the Trial of Impeachments and Correction of Errors · 1829
- McCarthy v. PeakeNew York Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Dunfee v. ChildsWest Virginia Supreme Court · 1906
- State ex rel. Hahn v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1886
- State v. Cumberland Telephone & Telegraph Co.Tennessee Supreme Court · 1904
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- Clark v. Vilas National BankAppellate Division of the Supreme Court of the State of New York · 1897
14 more not listed; retrieve them via the Exa API.