Legal Opinion

State ex rel. Page v. Smith

Supreme Court of Vermont

Decided January 15, 1876PublishedCited by 40 opinions

This was a petition by the state’s attorney of Franklin County, upon the relation of John B. Page, for leave to file Htn information in the nature of a writ of quo warranto against the respondents for usurping and exercising the office of directors of the Central Yermont R. R. Co. Said company was incorporated by act of the Legislature, approved Nov. 28, 1872, for the purpose of purchasing the Yer-mot Central and Yermont & Canada Railroads, or either of them, and of…

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This was a petition by the state’s attorney of Franklin County, upon the relation of John B. Page, for leave to file Htn information in the nature of a writ of quo warranto against the respondents for usurping and exercising the office of directors of the Central Yermont R. R. Co. Said company was incorporated by act of the Legislature, approved Nov. 28, 1872, for the purpose of purchasing the Yer-mot Central and Yermont & Canada Railroads, or either of them, and of purchasing or retiring, by exchange or otherwise, the stock and bonds of the Yermont Central and the Yermont & Canada Railroad…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This is a petition of the state’s attorney for this county, for leave to file an information in the nature of a writ of quo warranto against the respondents for usurping and exercising the rights of directors of the Central Vermont Railroad. A rule to show cause having been obtained and served on the respondents, the question now comes up whether this court will grant the leave asked. A preliminary question has been discussed, whether, if insufficient cause be shown and leave is granted, a judgment of ouster will be awarded as a matter of…

2Cases cited7 opinions

  1. Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
  2. The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
  3. People v. RichardsonNew York Supreme Court · 1825
  4. Bank of Middlebury v. Rutland & Washington RailroadSupreme Court of Vermont · 1858
  5. State ex rel. Danforth v. HuntonSupreme Court of Vermont · 1856

2 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Jones v. MorrisonSupreme Court of Minnesota · 1883
  2. Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
  3. Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
  4. Clement v. GrahamSupreme Court of Vermont · 1906
  5. Higgins v. LansinghIllinois Supreme Court · 1895

35 more not listed; retrieve them via the Exa API.

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