Connecticut & Passumpsic Rivers Rail Road v. Bailey
Supreme Court of Vermont
This was art action of Assumpsit, for the recovery of assessments on two shares of the capital stock of said company, subscribed by the defendant. Plea, non-assumpsit and trial by jury.
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This was art action of Assumpsit, for the recovery of assessments on two shares of the capital stock of said company, subscribed by the defendant. Plea, non-assumpsit and trial by jury. On the trial, the plaintiff read in evidence, the act of incorporation passed in 1835, and also acts of 1843 and 1845, modifying said act, as set forth in the declaration ; and proved that the commissioners named in said acts, duly opened books for subscriptions to the capital stock of’ said company, the terms and conditions of which were as follows: “ Connecticut and Passumpsic Rivers Rail Road Company.”…
1Opinion of the Court
*472The opinion of the court was delivered by
Isham, J.
Several questions are .presented in this case, arising first on the motion to dismiss, and secondly, on exceptions allowed on the trial of the case before the jury. The exceptions, taken on the plea in abatement, having been withdrawn, and no objections having been urged to the declaration on the motion in arrest, we are relieved from the investigation of any questions arising thereon..The motion to dismiss was properly overruled. The writ on its face appeal's to have been signed by a proper oificer, and a recognizance of bail duly taken. The…
2Cases cited5 opinions
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Blodgett v. MorrillSupreme Court of Vermont · 1848
- Franklin Glass Co. v. WhiteMassachusetts Supreme Judicial Court · 1817
- New Bedford & Bridgewater Turnpike Corp. v. AdamsMassachusetts Supreme Judicial Court · 1811
- Essex Bridge Co. v. TuttleSupreme Court of Vermont · 1830
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- Callanan v. JuddWisconsin Supreme Court · 1868
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- Pittsburgh & Lake Erie R. R. v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1926
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