Commonwealth ex rel. Attorney-General v. Atlantic & Great Western Railway Co.
Supreme Court of Pennsylvania
This was an information and suggestion in nature of quo warranto, filed December 1865, by the Attorney-General against The Atlantic and Great Western Railway Company, in the Supreme Court, Middle District. The suggestion sets out that the defendant claims without any lawful warrant to have the franchises, &c., following, to wit:— To be a body politic and corporate by the name of the Atlantic and Great Western Railway Company.
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This was an information and suggestion in nature of quo warranto, filed December 1865, by the Attorney-General against The Atlantic and Great Western Railway Company, in the Supreme Court, Middle District. The suggestion sets out that the defendant claims without any lawful warrant to have the franchises, &c., following, to wit:— To be a body politic and corporate by the name of the Atlantic and Great Western Railway Company. To lease, operate and maintain, in conjunction with the Western Central Railroad Company of Pennsylvania,- the Catawissa Railroad, extending from Milton, in…
1Opinion of the Court
The opinion of the court was delivered,
2Per curiam
This cause having been fully argued and considered, we are of opinion:—
1st. That the instrument called a certificate of consolidation of the Atlantic and Great Western Railway Company, dated 19th of August 1865, was a lawful and valid instrument for the purposes therein expressed, and upon being filed in the office of the secretary of the Commonwealth constituted the defendants a legal corporation in the state of Pennsylvania.
2d. That nul tiel record is well replied to the defendants’ pleas, and the demurrers to the replication must be overruled. But the…
3Cited by3 opinions
- Rumsey v. New York & Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Keller v. Riverton Consolidated Water Co.Supreme Court of Pennsylvania · 1907
- Appeal of Fidelity-Philadelphia Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1945