Covington, Coal-Creek, & Jacksonville Plank-Road Co. v. Moore

Assumpsit by the Covington, Coal-Creek, and Jacksonville Plank-Road Company against Charles L. Moore on a subscription of stock. The company is one organized under the general plank-road law of 1849. The payment of the subscription of stock is resisted on the ground that the law was not complied with in organizing the company. The question arises on a demurrer to the declaration. The Court below sustained the demurrer. The provisions of said law, so far as they bear upon the case before us, are as follows:

*511“Section 1. Be it enacted, &c., that any number of persons may form themselves into a…