Legal Opinion

Calder v. Michigan Ex Rel. Attorney General

Supreme Court of the United States

Decided December 12, 1910No. 58PublishedCited by 33 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The facts are stated in the opinion. The franchise of a public-corporation to operate its plant or works is separate and distinct from its franchise to be a corporation, and is transferable as such independently of the life of the original corporation. Detroit v. Detroit Citizens’ Street Ry. Co.,- 184 Lr. S. 368,. 394, 395; Minneapolis v. Street Ry.

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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The facts are stated in the opinion. The franchise of a public-corporation to operate its plant or works is separate and distinct from its franchise to be a corporation, and is transferable as such independently of the life of the original corporation. Detroit v. Detroit Citizens’ Street Ry. Co.,- 184 Lr. S. 368,. 394, 395; Minneapolis v. Street Ry. Co., 215 U. S. 417, 430; People v. O’Brien, 111 N. Y. 2, 36-38,-NO, 47; Suburban Rapid Transit Co. v. Mayor, 128 N. Y.-510, 520; Miner v.'NeU) York Central & H, R. R. R. Co., 123.N. Y. 242,…

1Opinion of the CourtJustice Holmes

The judgment upon which this writ óf error is based ousts the defendants (plaintiffs in error) from, acting as a body corporate under the name of the Grand Rapids Hydraulic Company. It was rendered, upon an information in the nature of quo warranto, by a County Court, and was affirmed by the Supreme Court of the State. 153 Michigan, 724. The case was heard on demurrer. The defendants pleaded that in 1849 the legislature incorporated the Grand Rapids' Hydraulic Company, and that they were directors of the company; that the company had constructed and was maintaining an elaborate system of…

2Cases cited10 opinions

  1. Manigault v. SpringsSupreme Court of the United States · 1905
  2. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  3. Greenwood v. Freight Co.Supreme Court of the United States · 1882
  4. United States v. Des Moines Navigation & Railway Co.Supreme Court of the United States · 1892
  5. Vicksburg v. Vicksburg Waterworks Co.Supreme Court of the United States · 1906

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3Cited by33 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1931
  2. City and County of San Francisco v. CooperCalifornia Supreme Court · 1975
  3. C. F. Smith Co. v. FitzgeraldMichigan Supreme Court · 1935
  4. Weber v. FreedSupreme Court of the United States · 1915
  5. Asbury Hospital v. Cass CountyNorth Dakota Supreme Court · 1943

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