People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.
New York Supreme Court
Information in the nature of a quo ivarranto. In January term, 1839, the attorney general filed an information in the nature of a quo warranto, against the Kingston and Middletown Turnpike Road Company, charging them with usurping the liberties, privileges and franchises of being a body politic and corporate, by the name of the Kingston and Middletown Turnpike Road Company, and by that name to construct and maintain a turnpike road within certain *bounds, (specifying the…
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Information in the nature of a quo ivarranto. In January term, 1839, the attorney general filed an information in the nature of a quo warranto, against the Kingston and Middletown Turnpike Road Company, charging them with usurping the liberties, privileges and franchises of being a body politic and corporate, by the name of the Kingston and Middletown Turnpike Road Company, and by that name to construct and maintain a turnpike road within certain *bounds, (specifying the same,) £ *195 ] and to erect and maintain gates and turnpikes upon such road, and to levy and collect tolls from all…
1DissentJustice Cowen
dissented and delivered the following opinion :
I had occasion to examine the principle on which the first 24 of these replications are founded, in The People v. The Bristol and Rensselaerville Turnpike Company.* They each deny that the road was, at any time, either before or after the award of the commissioners and the governor’s license, in some particular or particulars which they select, constructed or finished as the general turnpike acts requires. See the actas revised, 1 R. S. 584, 2d ed. I came to the conclusion there, that none of the deficiencies imputed, as existing anterior to the…
2Cases cited4 opinions
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Stuart v. RichNew York Supreme Court · 1803
- Hicks v. MinturnNew York Supreme Court · 1838