The People v. . Bowen
New York Court of Appeals
Appeal from the Supreme Court. Action in the nature of quo loarranto against the defendants for assuming to be, and acting as, a corporation, without authority of law. The complaint alleged that the defendants claimed to exercise the franchise under the “ act to incorporate the Metropolitan Gas-Light Company of the city of New York.”
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Appeal from the Supreme Court. Action in the nature of quo loarranto against the defendants for assuming to be, and acting as, a corporation, without authority of law. The complaint alleged that the defendants claimed to exercise the franchise under the “ act to incorporate the Metropolitan Gas-Light Company of the city of New York.” It averred that the act never was a law, because the bill, having passed the Assembly April 5, 1855, and the Senate on the 13th April, 1855, was not signed or approved by the Governor until April 17,1855—■ the legislature having adjourned April 14, 1855, and…
1Opinion of the Court
The provision of the Constitution under consideration seems to me naturally to refer to two classes of cases, namely, to bills in respect to which the two houses of the legislature and the Governor shall agree in sentiment; and, secondly, to those in which they shall differ. In respect to the former class, the provision is extremely brief. After declaring that "every bill which shall have passed the Senate and Assembly shall, before it becomes a law, be presented to the Governor," it adds, "if he approves, he shall sign it;" and this is all which is said respecting bills where there shall be…
2Cited by41 opinions
- Matter of DoyleNew York Court of Appeals · 1931
- Fulmore v. LaneTexas Supreme Court · 1911
- Edwards v. United StatesSupreme Court of the United States · 1932
- Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
- Teeval Co. v. SternNew York Court of Appeals · 1950
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