Legal Opinion

People v. Ballou

New York Supreme Court

Decided March 5, 1835PublishedCited by 1 opinion

Judgment of ouster having been rendered against the Utica and Minden Turnpike Company, the attorney general applied for an attachment against four individuals, alleged to have been directors of the corporation at the institution of the proceedings, to enforce the collection of the costs of the proceedings.

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Judgment of ouster having been rendered against the Utica and Minden Turnpike Company, the attorney general applied for an attachment against four individuals, alleged to have been directors of the corporation at the institution of the proceedings, to enforce the collection of the costs of the proceedings. The application was made under a provision of the revised statutes authorizing such process. 2 R. S. 585, § 50. As to three of the individuals called upon, it was shown that they were, or admitted themselves to have been, directors at the institution of the proceedings ; but it was alleged…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The provision of the statutes under which this application is made is in these words: “ If judgment be rendered upon any such information against any corporation, or against any persons claiming to be a corporation, the court may cause the costs therein to be collected by execution against the persons claiming to be a corporation, or by attachment against the directors or other officers of any such corporation.” 2 R. S. 585, § 50. It is no answer to this application that the individuals sought to be charged with the costs have no corporate funds in their hands; the…

2Cited by1 opinion

  1. People v. Cohocton Stone RoadNew York Supreme Court · 1881

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