State v. Real Estate Bank
Supreme Court of Arkansas
This was a proceeding by quo warranto, issued from this court, for the purpose of seizing into the hands of the State the franchises of' Ithe Real Estate Bank. The plea of the Bank exhibits the charter of incorporation, and states, with all necessary precision a complete and perfect organization under it, an acceptance of the charter, and acts of the Bank thereunder.
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This was a proceeding by quo warranto, issued from this court, for the purpose of seizing into the hands of the State the franchises of' Ithe Real Estate Bank. The plea of the Bank exhibits the charter of incorporation, and states, with all necessary precision a complete and perfect organization under it, an acceptance of the charter, and acts of the Bank thereunder. It then alleges that she has regularly paid, and the State has regularly received the bonuses provided for by the charter, ($>5,-000 per annum.) the last one.having been paid on the 30th September, 1842; and also, that by an act…
1Opinion of the Court
By the Court,
Lacy, J.
The first question to be determined is, is the ancient writ of quo warranto a proper remedy in this cause? That it is so we have no doubt. The constitution gives to this court the power to issue and determine it, and the legislature has made it the duty of the Attorney General to institute this proceeding whenever he shall be satisfied that the Bank has forfeited her charter. This ancient writ, which is a civil proceeding, upon the part of the government, has long since become obsolete in England, and it is now wholly suspended in that country and most of the States in…
2Cases cited12 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Huidekoper's Lessee v. DouglassSupreme Court of the United States · 1805
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- English, Smith, MacKall & Hoffman v. FoxallSupreme Court of the United States · 1829
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3Cited by9 opinions
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
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- Illinois Trust & Savings Bank v. DoudCourt of Appeals for the Eighth Circuit · 1900
- State ex rel. Crossland v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1894
- Tacoma Railway & Power Co. v. City of TacomaWashington Supreme Court · 1914
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