Legal Opinion

State v. Fourth N. H. Turnpike

Superior Court of New Hampshire

Decided July 15, 1844Published

Information in the nature of quo warranto, filed by the Attorney General against the defendants, and stating that they, without any charter, warrant or grant, used the privilege of erecting and maintaining a gate across the highway called the Fourth Turnpike Road in New-Hampshire, in the town of Wilmot, and of demanding and receiving tolls thereat for the year past, which privilege and franchise the defendants have usurped upon the State.

Read the full summary

Information in the nature of quo warranto, filed by the Attorney General against the defendants, and stating that they, without any charter, warrant or grant, used the privilege of erecting and maintaining a gate across the highway called the Fourth Turnpike Road in New-Hampshire, in the town of Wilmot, and of demanding and receiving tolls thereat for the year past, which privilege and franchise the defendants have usurped upon the State. Plea, that by an act of the legislature, passed on the 8th day of December, 1800, the defendants were incorporated, and empowered to build and maintain a…

1Opinion of the CourtGilchrist, J.

The charter makes it the duty of the corporation to lay before the legislature, at the end of every six years after the setting up of any toll-gate, an account of the expendí*166tures and profits of the road, under the penalty of forfeiting the privileges of the act in future. These accounts, however, were not submitted until the years 1830, 1836 and 1842, in which years they were submitted to the legislature, and accepted by them as sufficient and satisfactory. In the year 1833 the legislature passed an act authorizing the corporation to change the route of their road in certain places. These…

2Cases cited9 opinions

  1. People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
  2. People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
  3. Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
  4. Slee v. BloomNew York Court of Chancery · 1821
  5. Inhabitants of Shutesbury v. Inhabitants of OxfordMassachusetts Supreme Judicial Court · 1819

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API