People ex rel. M'Kinch v. Directors of Bristol & Rensselaerville Turnpike Road
New York Supreme Court
Information in the nature of a quo warranto. The attorney-general, in January term, 1838, filed the information in this case, charging that the directors and company of the Bristol and Bensselaerville turnpikeumad claimed, and for five years then last past, had claimed to be a body politic and corporate, by the name of “ The Directors and Company of the Bristol and Bensselaerville Turnpike Boad,” and by that *name [ *224 ] to have the franchise of constructing and…
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Information in the nature of a quo warranto. The attorney-general, in January term, 1838, filed the information in this case, charging that the directors and company of the Bristol and Bensselaerville turnpikeumad claimed, and for five years then last past, had claimed to be a body politic and corporate, by the name of “ The Directors and Company of the Bristol and Bensselaerville Turnpike Boad,” and by that *name [ *224 ] to have the franchise of constructing and maintaining a turnpike road, beginning at a certain point in the county of Greene, and terminating at a certain other point in the…
1Opinion of the Court
Cowen, J.*
The following opinion was delivered by By the general turnpike act of 1807, ch. 38, and the statutes of that year revised in 1 R. L. of 1813, pp. 228, 232, § 9, the governor is required to appoint three commissioners, to view and report to him in writing, whether the road be completed in a workman like manner, according to the true intent and meaning of the act; and, on their reporting in the *affimative, he [ *227 ] is directed to issue a license permitting the receipt of toll. So far as the question of original completion was concerned, the state thus provided a tribunal to settle it.…
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