People ex rel. Taylor v. Thompson
New York Supreme Court
Information in the nature of a quo warranta. The attorney general in October term, 1835, filed .an information ¡charging the defendants -with claiming, using and ¡exercising without any lawful warrant, grant or .charter, the liberties, privileges and franchises of having and maintaining ¡a bridge over end across Harlaem river, from the city and ¡county of jSfew York ¡to the town of Westchester, in the -county of Westchester., the Harlaem river being a -public navigable…
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Information in the nature of a quo warranta. The attorney general in October term, 1835, filed .an information ¡charging the defendants -with claiming, using and ¡exercising without any lawful warrant, grant or .charter, the liberties, privileges and franchises of having and maintaining ¡a bridge over end across Harlaem river, from the city and ¡county of jSfew York ¡to the town of Westchester, in the -county of Westchester., the Harlaem river being a -public navigable river, in which the tide ebbs and flows and of asking, demanding and taking certain tolls and duties -.of and from all…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
Thai the remedy here sought for the grievance complained of is the appropriate one, cannot be doubted in this court, after the cases already decided. 15 Johns. R. 358. 6 Cowen, 126, 211, 217. 5 Wendell, 211. 15 id. 113.
This is not a private franchise, coming within the reason of the rule which has influenced the English courts not to *250interfere with it by writ of quo warranta, on the relation of a private party, 2 Ld. Raym. 1409; Strange, 637, S. C. Cas. Temp. Hardw. 247 ; 15 Johns. R. 389 ; 4 Cowen, 104, note, and cases there cited; Willcock on Corp. 457,459 ; but…
2Cases cited1 opinion
- People v. Trustees of Geneva CollegeNew York Supreme Court · 1830
3Cited by7 opinions
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- People ex rel. Judson v. ThacherNew York Court of Appeals · 1874
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