People Ex Rel. Municipal Gas Co. v. Rice
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made February Id, 1893, which affirmed an order of Special Term which denied a motion for a peremptory mandamus commanding the secretary of state to file in his office a certificate authorizing the extension of the objects of incorporation of the Municipal Gas Company of the city of Albany, and the acquiring of the stock of the Albany Electric Illuminating…
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Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made February Id, 1893, which affirmed an order of Special Term which denied a motion for a peremptory mandamus commanding the secretary of state to file in his office a certificate authorizing the extension of the objects of incorporation of the Municipal Gas Company of the city of Albany, and the acquiring of the stock of the Albany Electric Illuminating Company. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Brien, J.
The relator took proceedings to enlarge and extend its corporate powers and business so as to enable it to manufacture and use electricity for producing light, heat and power. It is conceded that the proceedings were regular if power exists for the accomplishment of that object in the manner attempted. An amended certificate embodying the powers and objects sought to be attained was presented to the secretary of state who declined to file the same. The application was then made for a peremptory writ of mandamus requiring the secretary to file the certificate, from the order denying which this…
2Cited by24 opinions
- People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
- Heckathorn v. HeckathornMichigan Supreme Court · 1938
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- People v. . FrudenbergNew York Court of Appeals · 1913
- South East Public Service Corp. v. CommonwealthSupreme Court of Virginia · 1935
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