State v. Smith

This was a proceeding by information, under the code (2 G. & H. 322-3, §§ 749, 750), against the appellees, for alleged unlawful exercise of a franchise, in .the opening, cleaning out, enlarging, and deepening, a-drain for the purpose of reclaiming wet lands under and by'vlrtue of the act of March 11th, 1867 (Acts of 1867, p. 186).

The statute provides, that “ an information may be filed against any person or corporation in the following cases: first, when any person shall usurp, intrude into, or unlawfully hold or exercise, any public office, or any franchise within this State, or any office…