People ex rel. the Attorney General v. Grand Blanc & Holly Plank Road Co.
Michigan Supreme Court
Information in the nature of a quo warranto, to forfeit the rights and franchises of the defendants. The plea of the defendants set up their incorporation under the General Plank Road Act of 1851, and averred a compliance with all the provisions and requirements of law to constitute them a body politic and corporate.
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Information in the nature of a quo warranto, to forfeit the rights and franchises of the defendants. The plea of the defendants set up their incorporation under the General Plank Road Act of 1851, and averred a compliance with all the provisions and requirements of law to constitute them a body politic and corporate. To this plea three replications were filed, only one of which is important to be noticed here, and that and the subsequent pleadings are sufficiently stated in the opinion.
1Opinion of the Court
Chkistiancv J. :
The first replication alleges, as a ground of forfeiture, that the road was not constructed of such grade as not to exceed an ascent or descent (upon any part thereof) of more than one foot in twenty feet, as required by the twenty-eighth section of the General Plank Road Law of 1851,— Comp. L. §1908.
To this the defendants rejoin, admitting the construction upon a grade of more than one foot in twenty, but not exceeding one foot in ten; and justify under the amendment *401of the twenty-eighth section, approved February '¡rth, 1859 {Laws 1859, p. 155), which they allege took effect…
2Cited by1 opinion
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