People ex rel. Taylor v. Thompson
New York Supreme Court
Quo warranto. The attorney general filed an information in the nature of a quo warranto, charging the defendants with claiming, using and exercising the liberties, privileges and franchises of being a body politic and corporate, by the name of The Harlaem Bridge Company, and to have and maintain a bridge across the Harlaem river, and to ask, demand and take tolls and duties from all persons using the bridge; and also the liberties, privileges and franchises of acting within…
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Quo warranto. The attorney general filed an information in the nature of a quo warranto, charging the defendants with claiming, using and exercising the liberties, privileges and franchises of being a body politic and corporate, by the name of The Harlaem Bridge Company, and to have and maintain a bridge across the Harlaem river, and to ask, demand and take tolls and duties from all persons using the bridge; and also the liberties, privileges and franchises of acting within this state, to wit, at, &c. as a corporation by name of The Harlaem Bridge Company, without being legally incorporated,…
1Opinion of the Court
By the Court, Nelson, C. J.
The demurrer of the attorney general to so much of the plea as professes to answer the first count in the information, raises the question whether, under the provisions of the revised statutes authorizing an information in the nature of a quo warranto, 2 R. S. 581, § 28, the defendants are bound to answer specifically the averment that they claim to use and exercise a franchise within this state, or in other words, to act as a corporate body within this state, without any warrant or grant for that purpose. If they are obliged to answer the charge of a mere claim to…
2Cited by6 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- People ex rel. Warfield v. Sutter Street Railway Co.California Supreme Court · 1897
- People v. Northern RailroadNew York Supreme Court · 1869
- Attorney General v. Superior & St. Croix RailroadWisconsin Supreme Court · 1896
- State ex rel. Vilter Manufacturing Co. v. Milwaukee, Burlington & Lake Geneva RailroadWisconsin Supreme Court · 1902
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