Legal Opinion

People Ex Rel. Schurz v. . Cook

New York Court of Appeals

Decided October 2, 1888PublishedCited by 8 opinions

Appeals from orders of the General Term of the Supreme ■Court in the third judicial department, made November 15, 1887, which affirmed orders of Special Term denying motions by relators, incorporators of certain railroad corporations, organized under the reorganization act (Chap. 430, Laws of 1874, amended by chap. 446, Laws of 1876), for peremptory writs of mandamus directed to the secretary of state, requiring him to file in his office their certificates of organization.

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Appeals from orders of the General Term of the Supreme ■Court in the third judicial department, made November 15, 1887, which affirmed orders of Special Term denying motions by relators, incorporators of certain railroad corporations, organized under the reorganization act (Chap. 430, Laws of 1874, amended by chap. 446, Laws of 1876), for peremptory writs of mandamus directed to the secretary of state, requiring him to file in his office their certificates of organization. The material facts are stated in the opinion The use of the word “ tax ” in the act chapter 143, Laws of 1886, is not…

1Opinion of the CourtPeckham, J.

The question arising is the same in both of above cases, which were argued together, and the facts stated are those specially pertaining to the case which is first above entitled. Certain railroad corporations, properly organized under the laws of this state, duly executed mortgages upon their respective properties and franchises. Subsequently thereto they were consolidated under the provisions of certain consolidation acts of the legislature of this state, not material to be further referred to in detail. After such consolidation the company, thus formed, also duly executed its mortgage for…

2Cases cited1 opinion

  1. Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884

3Cited by8 opinions

  1. Minor v. . Erie R.R. Co.New York Court of Appeals · 1902
  2. First State Bank of Oklahoma City v. LeeSupreme Court of Oklahoma · 1917
  3. Consolidated Kansas City Smelting & Refining Co. v. Secretary of StateAppellate Division of the Supreme Court of the State of New York · 1897
  4. People v. New York, Chicago & St. Loius RailroadNew York Supreme Court · 1891
  5. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911

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