Legal Opinion

People v. Trustees of Geneva College

New York Supreme Court

Decided July 15, 1830PublishedCited by 19 opinions

Information in the nature of a quo warranta. The trustees of Geneva College (being an incorporated college,) located in the village of Geneva, in the county of Ontario, in the western part of this state, established a Medical Faculty in the city of New-York, called “ The Rutger’s Medical Faculty of Geneva College,” and appointed professors of medicine, surgery and anatomy residing there, to have the care of the education and government of students in the city of New-York;…

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Information in the nature of a quo warranta. The trustees of Geneva College (being an incorporated college,) located in the village of Geneva, in the county of Ontario, in the western part of this state, established a Medical Faculty in the city of New-York, called “ The Rutger’s Medical Faculty of Geneva College,” and appointed professors of medicine, surgery and anatomy residing there, to have the care of the education and government of students in the city of New-York; and claimed the right of granting the degree of doctor of medicine, and of granting and issuing diplomas of such degree to…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The questions presented for decision in this casé are, 1. Whether the appointment by the defendants of a medical faculty in the city of New-York *217for the purpose of instruction in medicine is a franchise 1 2. Whether Geneva college has power to exercise this franchise I and if not, 3. Whether the remedy sought in this case is the appropriate remedy %

In the case of The People v. Utica Ins. Co., 15 Johns. R. 387, a franchise was defined by Spencer, justice, to be a privilege or immunity of a public nature, which cannot legally be exercised without legislative grant. To…

2Cited by19 opinions

  1. Cochran v. McClearySupreme Court of Iowa · 1867
  2. People ex rel. Attorney-General v. Dashaway Ass'nCalifornia Supreme Court · 1890
  3. Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  4. People v. North River Sugar Refining Co.New York Supreme Court · 1889
  5. Mann v. Eckford's ExecutorsNew York Supreme Court · 1836

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