Busenback v. Attica & Bethel Gravel Road Co.

This was an action by the appellants, to enjoin the collection of certain assessments made for the construction of the Attica and Bethel Turnpike Company, upon the ground that the said company had never been legally organized.

The single question presented by the record in this case is whether it is essential to the legal existence of a corporation organized under the act of May 12th, 1852, “authorizing the . construction of plank, macadamized, and gravel roads,” that its articles of association shall set forth the residence of each and every subscriber thereto.

The first section of said act,…