Aurora & Cincinnati R. R. v. Miller

Proceedings commenced by the appellant, to appropriate a piece of land for her railroad.

Appellee appeared and answered, denying the validity of the organization of appellant, and averring, by way of counter-claim, that it did not intend to build the road for which it was seeking to appropriate the land, and that the appellant was an organization in the interest of another company, that a proceeding in the nature of a *89quo warranto was pending, in which the dissolution of the nominal corporation of the Aurora and Cincinnati Railroad company was sought.

On these grounds, appellee prayed an…