Grey v. Newark Plank Road Co.

The opinion of the court was delivered by

Van Syckel, J.

This is an information in the nature of a quo tvarranto, filed by the attorney-general for and on behalf ■ of the state, against the Newark Plank Road Company. It is a public prosecution, involving the existence of the defendant corporation, and has for its object the recovery to the state of franchises which the defendant is alleged to have usurped.

*52The inf ormation .contains three counts.

The first count alleges that the defendant, since the 24th day of .February, 1899, has unlawfully used and exercised, and still does unlawfully use and…