Legal Opinion

Turnpike Co. v. Illinois

Supreme Court of the United States

Decided January 28, 1878No. 768PublishedCited by 46 opinions

Error to the Supreme Court of the State of Illinois. This was a proceeding by information in th.e nature of a quo warranto, instituted on the 13th of October, 1873, in the St. Clair County Circuit Court, Illinois, by the.people of the State óf Illinois, on the relation of one Bowman, against the St. Clair County Turnpike Company, charging it-with unlawfully .holding and exercising, without warrant therefor, the franchise of maintaining a toll-gate near Cahokia Creek, upon a…

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Error to the Supreme Court of the State of Illinois. This was a proceeding by information in th.e nature of a quo warranto, instituted on the 13th of October, 1873, in the St. Clair County Circuit Court, Illinois, by the.people of the State óf Illinois, on the relation of one Bowman, against the St. Clair County Turnpike Company, charging it-with unlawfully .holding and exercising, without warrant therefor, the franchise of maintaining a toll-gate near Cahokia Creek, upon a street in the city of East St. Louis, called Dyke Avenue, and.collecting tolls ■ for passing through the same on said…

1Opinion of the CourtJustice Bradley

The question before us is, whether any contract was set up by the defendant company, now plaintiff in error, in its justification, which has been impaired by the subsequent legislation of the State.

The charter of the company, as set out in its plea of justification, was an act of the legislature of Illinois, approved Feb. 13, 1847, entitled “ An Act to incorporate the Saint Clair County Turnpike Company.”

By the first section of this act it was enacted as follows: —

“ That all such persons as shall become stockholders, agreeably to the provisions of this act, in the corporation hereby created,…

2Cited by46 opinions

  1. Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
  2. City of Owensboro v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1913
  3. Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
  4. Oregon Railway & Navigation Co. v. Oregonian Railway Co.Supreme Court of the United States · 1889
  5. City of Louisville v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1912

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