People ex rel. Long Island Railroad v. Board of Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
Writs of certiorari issued out of the Supreme Court and attested on the 19th day of October, 1901, directed to the Board of Eailroad Commissioners of the State of New York, and to the persons constituting such commissioners, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in granting to the Cross Country Eailroad Company a certificate of public convenience and necessity under section 59 of the…
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Writs of certiorari issued out of the Supreme Court and attested on the 19th day of October, 1901, directed to the Board of Eailroad Commissioners of the State of New York, and to the persons constituting such commissioners, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in granting to the Cross Country Eailroad Company a certificate of public convenience and necessity under section 59 of the Eailroad Law.
1Opinion of the CourtSmith, J.
With the determination of the commissioners-that public convenience and necessity require the construction of the proposed road we are not inclined to interfere. At the threshold of the proceeding, however, the legality of respondent railroad company’s incorporation is questioned. The certificate of incorporation was signed by fifteen incorporators; four of these incorporators acknowledged the execution of the instrument before a commissioner of deeds in the city of Brooklyn. None of the other incorporators made acknowledgment, but there appears upon the paper an affidavit signed by Joseph…
2Cases cited4 opinions
- Coleman v. StateSupreme Court of Alabama · 1885
- In re Kings, Queens & Suffolk RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Townsend v. DownerSupreme Court of Vermont · 1854
- In re Riverhead, Quogue & Southampton RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- In re the Probate of the Last Will & Testament & the Codicil Thereto of McDonoughAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Erie Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Erie Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1905
- Griffith v. BergstolAppellate Division of the Supreme Court of the State of New York · 1965