Cole v. Dyer
Supreme Court of Georgia
Quo Warranto, in Walker Superior Court. Decision by Judge Crook, May Term, 1859. This was an application for a writ of quo warranto, to be directed to certain persons therein named, requiring them to show cause by what authority they exercised the powers, privileges and immunities of the corporation, created by the Act of the General Assembly of the State of Georgia, passed 22d day of January, 1852, under the name of “The Coosst and Chattooga River Railroad Company.”
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Quo Warranto, in Walker Superior Court. Decision by Judge Crook, May Term, 1859. This was an application for a writ of quo warranto, to be directed to certain persons therein named, requiring them to show cause by what authority they exercised the powers, privileges and immunities of the corporation, created by the Act of the General Assembly of the State of Georgia, passed 22d day of January, 1852, under the name of “The Coosst and Chattooga River Railroad Company.” The petition states that said Act provides for the construction of a railroad from the Western & Atlantic Railroad at or near…
1Opinion of the Court
— Benning J.
By the Court
delivering the opinion.
According to the bill of exceptions, this case was regarded and treated, in the Court below, as “ an application for leave to file an information in the nature of a quo warranto and the judgment of that Court, made on consideration of the petition and the answer, was a refusal to grant the application. The case will be regardéd and treated in the same way, in this Court, although the proceedings seem to he not entirely such as would be regular in a mere application for leave to file such an information.
The question, then, will be, was the Court…
2Cases cited1 opinion
- McDougald v. BellamySupreme Court of Georgia · 1855
3Cited by4 opinions
- State v. Florida Central RailroadSupreme Court of Florida · 1876
- McCarthy v. McKinneySupreme Court of Georgia · 1911
- Conley v. PooleSupreme Court of Georgia · 1881
- Consolidated Textile Corp. v. Exposition Cotton MillsSupreme Court of Georgia · 1924