Rice v. National Bank of the Commonwealth
Massachusetts Supreme Judicial Court
Information, in the nature of a quo warranta, filed, by order of court and consent of parties, on November 26, 1877, and containing the following allegations: That on April 3,1876, all the property which Ezra D. Wins-low had on February 14, 1876, was conveyed and assigned to the relators as his assignees in bankruptcy.
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Information, in the nature of a quo warranta, filed, by order of court and consent of parties, on November 26, 1877, and containing the following allegations: That on April 3,1876, all the property which Ezra D. Wins-low had on February 14, 1876, was conveyed and assigned to the relators as his assignees in bankruptcy. That on said February 14 Winslow owned certain property situated in Boston, of the value of $100,000, being the newspapers known as the Boston Post and the Boston Statesman, with the good-will and bills receivable of the same, and all and singular the stock, types, presses and…
1Opinion of the CourtGray, C. J.
At common law, private individuals, without the intervention of the attorney general, cannot, either as of right or by leave of court, file an information in the nature of a quo warranta. Groddard v. Smithett, 3 Gray, 116. The statutes give the right to file such an information only to “ any person whose private right or interest has been injured or is put in hazard by the exercise by any private corporation, or persons claiming to be a private corporation, of a franchise or privilege not conferred by law;” and provide that, where an information so filed is sustained, if the attorney general…
2Cases cited2 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Bayley v. TaberMassachusetts Supreme Judicial Court · 1809
3Cited by13 opinions
- State Ex Rel. Danielson v. Village of MoundSupreme Court of Minnesota · 1951
- Briggs v. Cape Cod Ship Canal Co.Massachusetts Supreme Judicial Court · 1884
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Armington Sims v. PalmerSupreme Court of Rhode Island · 1898
- Sevigny v. RussellMassachusetts Supreme Judicial Court · 1927
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