Commonwealth ex rel. Attorney General v. Consumers' Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 5, May T., 1905, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1901, No. 55, for defendant on case tried by the court without a jury in suit of Commonwealth ex rel. Attorney General v. Consumers’ Gas Company of Scranton. Quo warranto against a gas company. Before Jacobs, J. The findings of fact by the court below are quoted in the dissenting opinion of Mr. Justice Potter, infra. The court entered judgment for defendant.
Read the full summary
Appeal, No. 5, May T., 1905, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1901, No. 55, for defendant on case tried by the court without a jury in suit of Commonwealth ex rel. Attorney General v. Consumers’ Gas Company of Scranton. Quo warranto against a gas company. Before Jacobs, J. The findings of fact by the court below are quoted in the dissenting opinion of Mr. Justice Potter, infra. The court entered judgment for defendant. Errors assigned were in overruling various exceptions to the adjudication.
1DissentJustice Potter
This was an action of quo warranto brought by the attorney general against the Consumers’ Gas Company of Scranton, a corporation organized under the general corporation act of 1874. The writ required the respondent to show cause why it exercised corporate powers, or claimed the right to exist, as a corporation.
The suggestion for the writ alleges, “ that upon the 28th day of November, 1900, letters patent were issued by the governor of the commonwealth to the Consumers’ Gas Company of Scranton, incorporating it for the purpose of ‘ the manufacture and supply of gas for light only to the public…
2Cases cited4 opinions
- Emerson & Penn Fuel Co. v. Commonwealth ex rel. Attorney GeneralSupreme Court of Pennsylvania · 1885
- Scranton Elec. L. & H. Co. v. Scranton Ill. H. & P. Co.Supreme Court of Pennsylvania · 1888
- Freeport Water Works Co. v. PragerSupreme Court of Pennsylvania · 1889
- Warren Gas Light Co. v. Pennsylvania Gas Co.Supreme Court of Pennsylvania · 1894