Legal Opinion

Hays v. Commonwealth ex rel. McCutcheon

Supreme Court of Pennsylvania

Decided January 2, 1877PublishedCited by 7 opinions

Error to tbe Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1876, No. 197. This was an application by the Commonwealth, on the relation of J. 0. McCutcheon, for a quo warranto, requiring M. D. Hays and others to show by what warrant they exercised the offices of President and Directors of the Pittsburgh and Castle Shannon Railroad Company, and excluded the relator from the office of director.

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Error to tbe Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1876, No. 197. This was an application by the Commonwealth, on the relation of J. 0. McCutcheon, for a quo warranto, requiring M. D. Hays and others to show by what warrant they exercised the offices of President and Directors of the Pittsburgh and Castle Shannon Railroad Company, and excluded the relator from the office of director. The railroad company was incorporated September 21st 1871, under the provisions of the Act of 4th of April 1868 (Pamph. L. 62), and a special act approved the 21st of…

1Opinion of the CourtJustice Gordon

But a single question is presented for our consideration. Does section 4, article 16, of our new constitution apply to the corporation known as the Pittsburgh and Castle Shannon Railroad Company ? That section reads thus : “ In all elections for directors or managers of a corporation each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates, as he may prefer.” This section is understood to confer upon the individual stockholder the right to cast all the votes which his stock represents, multiplied by the number of…

2Cases cited2 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Kinney's Administrator v. LockwoodOhio Supreme Court · 1833

3Cited by7 opinions

  1. Commonwealth ex rel. McCormick v. ReederSupreme Court of Pennsylvania · 1895
  2. Pennsylvania Railroad v. Philadelphia CountySupreme Court of Pennsylvania · 1908
  3. State Ex Rel. Swanson v. PerhamWashington Supreme Court · 1948
  4. Williamsport Pass. Ry. Co. v. WilliamsportSupreme Court of Pennsylvania · 1888
  5. Gloninger v. Pittsb. & C. R.Supreme Court of Pennsylvania · 1891

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