Greencastle Southern Turnpike Co. v. State ex rel. Malot

— Information under the code, (2 G. & H., § 749, clause 4, p. 322,) against the appellant to enforce an alleged forfeiture of its rights and privileges as a corporation. The company was incorporated under the act of May 12th, 1852, 1 G. & H., p. 474, for the purpose of constructing a macadamized road. The complaint is in two paragraphs. A demurrer was sustained to the first, and. overruled as to the second, and this latter ruling is assigned for error.

The question presented involves the validity of the fifth section of the act of February 28th, 1855, 1 G. & H. 487, which provides “that every…