People v. Jackson & Michigan Plank Road Co.
Michigan Supreme Court
Information in the nature of a quo warranto. The following is the information: “State of Michigan, Supreme Court. Jackson county, ss.
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Information in the nature of a quo warranto. The following is the information: “State of Michigan, Supreme Court. Jackson county, ss. Jacob M. Howard, Attorney General of the People of the State of Michigan, who sues for the said People in this behalf, comes here into the Supreme Court of this State, on the eleventh day of January, in the year one thousand eight hundred and sixty, and for the said People of the State of Michigan, at the relation of Edward Morrill, and Nathaniel Morrill, of the county of Jackson aforesaid, according to the form of the statute in such case made and provided,…
1Opinion of the Court
Cheistianct J.:
As the demurrer to the replication opens the whole record, so far as defects of substance may be found, and the plea is claimed to be defective for want of certainty, ■the sufficiency of the plea is the first question to be settled.
The information is general, calling upon defendants to show by what warrant they claim to have and use certain liberties, privileges and franchises. It does not go upon the ground of failure to comply with any act of incorporation, or other law granting such rights and franchises upon certain conditions, nor does it claim a forfeiture of rights…
2Cases cited1 opinion
- Dash v. Van KleeckNew York Supreme Court · 1811
3Cited by16 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Zillmer v. KreutzbergWisconsin Supreme Court · 1902
- Daugherty v. ThomasMichigan Supreme Court · 1913
- In re MorganSupreme Court of Colorado · 1899
- Pensacola & Atlantic Railroad v. StateSupreme Court of Florida · 1889
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