People v. Rensselaer & Saratoga Rail Road
New York Supreme Court
The attorney general filed an information, in the nature of a quo warranto, against The Rensselaer an¿ Saratoga Rail Road Company, charging the company with claiming to be a body politic and corporate in law, fact and name, by the name of The Rensselaer and Saratoga Rail Road Company, and with claiming the liberty, privilege and franchise of placing abutments, piers and other works, in the bed, current and channel of the Hudson river at Troy, in the county of Rensselaer, and…
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The attorney general filed an information, in the nature of a quo warranto, against The Rensselaer an¿ Saratoga Rail Road Company, charging the company with claiming to be a body politic and corporate in law, fact and name, by the name of The Rensselaer and Saratoga Rail Road Company, and with claiming the liberty, privilege and franchise of placing abutments, piers and other works, in the bed, current and channel of the Hudson river at Troy, in the county of Rensselaer, and of erecting and constructing a bridge upon such abutments, &c. over and across the river from the eastern to the…
1Opinion of the Court
*125 By the Court,
Savage, Ch. J.
In support of the first objection taken on behalf of the people, it is argued that it is not enough for the defendants to aver in their plea that by virtue of the act of -1832, they are created and constituted a body . . . corporate and politic in fact and in name ; but that they should aver a compliance with the requirements of that act, and also with the general act relating to corporations, and shew a performance affirmatively of those acts which were necessary to authorize them to organize and act as a corporation. The case of The King v. Amery, 2 T. R. 515, is…
2Cases cited3 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Utica Insurance v. TilmanNew York Supreme Court · 1828
3Cited by75 opinions
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Cox v. CollectorSupreme Court of the United States · 1871
- Sherlock v. AllingIndiana Supreme Court · 1873
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