People v. Cohocton Stone Road
New York Supreme Court
Appeal from an order of the Monroe Special Term, denying a motion made December, 1880, on the part of the plaintiff for an attachment or other process against the directors of the defendant, to compel the payment of the judgment for costs herein, and to appropriate the money in the hands of the receiver to that purpose, so far as the same will go.
Read the full summary
Appeal from an order of the Monroe Special Term, denying a motion made December, 1880, on the part of the plaintiff for an attachment or other process against the directors of the defendant, to compel the payment of the judgment for costs herein, and to appropriate the money in the hands of the receiver to that purpose, so far as the same will go. The action was brought to vacate the charter and annul the existence of the defendant corporation, because of its abuse of its corporate7 powers, and judgment annulling the charter and for costs was recovered by the plaintiffs.
1Opinion of the Court
Smith, J.:
Judgment having been rendered in this action vacating the charter of the defendant, a plank-road corporation in the county of Steuben, and annulling the existence of the corporation for abuse of its powers, with costs, and an execution having been issued and returned unsatisfied, the plaintiff moved for an attachment or other process requiring the directors of the corporation to pay the costs, and from the order denying such motion the plaintiff appeals.
The motion was noticed and brought on subsequently to the 1st day of September, 1880, on which day chapter 215 of the Laws of 1880,…
2Cases cited2 opinions
- Cooke v. State National Bank of BostonNew York Supreme Court · 1867
- People v. BallouNew York Supreme Court · 1835