The People v. . Albany and Vermont R.R. Co.
New York Court of Appeals
Appeal by the Troy and Boston Railroad Company from an order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term which granted an application 051 the part of said company to be made a party defendant herein ; and denying said' application. (Reported below, 15 Hun, 126.). The nature of the action and the facts, so far as material, appear in the opinion.
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Appeal by the Troy and Boston Railroad Company from an order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term which granted an application 051 the part of said company to be made a party defendant herein ; and denying said' application. (Reported below, 15 Hun, 126.). The nature of the action and the facts, so far as material, appear in the opinion. The lessee of defendant had a right to be made a party defendant in this action. (Code of Civil Procedure § 452.) The petitioner was not entitled to come in as a party under the…
1Opinion of the CourtRapallo, J.
This action is brought by the attorney-general for the purpose of enforcing an alleged forfeiture of the charter of the Albany and Vermont Railroad Company and dissolving that corporation, because of its nonuser of the part of its road which lies between Waterford Junction and Eagle Bridge. The order of the Supreme. Court granting leave to bring the action contains a provision that if the defendant shall promptly fix the terminus of its road on the west side of the' Hudson river, and the plaintiffs recover judgment, then on the request of the defendant the judgment shall dissolve its charter…
2Cited by18 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- Harley v. . PlantNew York Court of Appeals · 1914
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
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