State v. Consolidation Coal Co.
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County, in Equity. The appellant, by its Attorney General, under authority of the Governor, filed its petition in the Court below, praying the Court to decree a forfeiture of the charter, corporate powers and franchises of the appellee, for the reasons stated in the petition. The Court below, (Pearre, J.,) gave judgment for the defendant upon certain demurrers filed by the petitioner and dismissed the said petition.
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Appeal from the Circuit Court for Allegany County, in Equity. The appellant, by its Attorney General, under authority of the Governor, filed its petition in the Court below, praying the Court to decree a forfeiture of the charter, corporate powers and franchises of the appellee, for the reasons stated in the petition. The Court below, (Pearre, J.,) gave judgment for the defendant upon certain demurrers filed by the petitioner and dismissed the said petition. The petitioner appealed. The case is sufficiently stated in the opinion of the Court.
1Opinion of the CourtBartol, C. J.
This proceeding was instituted by the Attorney General under the authority of the Governor, to forfeit the charter of the appellee, for certain alleged abuses of its franchises and corporate powers. The power of the Governor to *5direct the proceeding is derived from the Act of 1868 ch. 471 sec. 176, known as the General Incorporation Act, which provides :
“Whenever the Attorney General of the State, or the State’s Attorney for the City of Baltimore, or for any County in this State, shall he authorized hy the Governor to institute proceedings against any corporation incorporated under the laws…
2Cases cited3 opinions
- Davis v. StateCourt of Appeals of Maryland · 1854
- Mayor of Hagerstown v. DechertCourt of Appeals of Maryland · 1870
- Lynn v. Mount Savage Iron Co.Court of Appeals of Maryland · 1871
3Cited by5 opinions
- Hawkins v. StateCourt of Appeals of Maryland · 1895
- State v. Cumb. Pa. R. Co.Court of Appeals of Maryland · 1907
- McColgan v. Baltimore Belt RailroadCourt of Appeals of Maryland · 1897
- State v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1907
- Railroad v. Furnace Co.Ohio Supreme Court · 1881