Commonwealth v. Lexington & Harrodsburg Turnpike Road Co.
Court of Appeals of Kentucky
Error to the Meroee .Circuit. Quo Warranto. Case 81. The ease stated. The statute of 9 Anne, G. 20, which gave an information in the nature of a writ of quo warranto, in the name of the Attorney General, is not in force in Ky. norany'statute of similar provisions. The power to establish toll gates on the puelio roads in Ky. is grantable by legislative authority alone. The remedy for such usurpation is by a procedding in the name of the Commonwealth, not of an individual.
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court.
This is a writ of error in the name of the Commonwealth, from a judgment of the Circuit Court of Mercer, quashing a writ of quo warranto, which had been previously ordered by the Court, upon the' affidavit and petition of John W. Adams. The complaint of the peti. tioner was, that said Turnpike Company had erected a toll gate on the road, &c., within one mile of the town of Harrodsburg, and were requiring and taking toll from the citizens, and from the petitioner, for passing the same, which is alledged to be in violation of law. On the prayer…
2Cases cited2 opinions
- People ex rel. Macey v. HillsdaleNew York Supreme Court · 1807
- People ex rel. Taylor v. ThompsonNew York Supreme Court · 1839
3Cited by4 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- State ex inf. Dorian v. TaylorSupreme Court of Missouri · 1907
- McClendon v. HamiltonCourt of Appeals of Kentucky (pre-1976) · 1939
- Commonwealth v. City of FrankfortCourt of Appeals of Kentucky · 1877