People v. Albany and Susquehanna Railroad
New York Supreme Court
Trial "by the court. This action was brought by the attorney-general, upon his own information, in the name of the People, against the Albany and Susquehanna Railroad Company, Joseph H. Ramsey, and many other persons, named below, to determine a controversy respecting the management of the railroad company.
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Trial "by the court. This action was brought by the attorney-general, upon his own information, in the name of the People, against the Albany and Susquehanna Railroad Company, Joseph H. Ramsey, and many other persons, named below, to determine a controversy respecting the management of the railroad company. The substance of the allegations of the complaint were as follows : That the Albany & Susquehanna Railroad Company is a corporation created by and existing under the laws of the State of New York, organized ¿'or the purpose of constructing, maintaining and operating a railroad under the…
1Opinion of the CourtE. Darwin Smith, J.
Upon the issues presented "in the pleadings, and the mass of evidence taken upon ¡this trial, the first question presented for my decision, ■.relates to the power of the court in equity, to give the ¡relief demanded in the cotnplaint.
The mode of determining the title of a party to an office, prior to the Code, was by quo warranto, or by information in the nature of a quo warranto; and these •proceedings could only be instituted and prosecuted to effect in the courts of law.
Section 428 of the Code declares that the writ of scire facias, the writ of quo warranto, and proceedings by information…
2Cases cited16 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
- In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
- Ex parte WillocksNew York Supreme Court · 1827
- Weeks v. EllisNew York Supreme Court · 1848
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3Cited by11 opinions
- Wabash Railroad v. DykemanIndiana Supreme Court · 1892
- Moses v. TompkinsSupreme Court of Alabama · 1887
- Young v. JebbettAppellate Division of the Supreme Court of the State of New York · 1925
- Moses v. ScottSupreme Court of Alabama · 1887
- Von Nieda v. BennettSupreme Court of New Jersey · 1936
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