People ex rel. Esper v. Detroit & Saline Plank-Road Co.

This is a proceeding in quo warranto brought for the purpose of forfeiting the charter belonging to the respondent company. From a judgment in favor of the relator, the case is brought here by writ of error. After the necessary pleadings had been filed to make an issue, an agreement was made between Esper, the relator, and the respondent. The respondent therein agreed to proceed with all due diligence and put the road “in a reasonably safe and fit condition for public travel, as required by the charter of said second party, and complete the same on or before October 1, 1898.” If respondent…