People ex rel. McConville v. Hills
New York Supreme Court
This was an appeal by the defendant from a judgment after trial by the court. The complaint prayed judgment that the defendant had usurped, and unlawfully held and exercised the office of secretary and treasurer of the Rochester and Genesee Talley Railroad Company, and the rights and franchises appertaining thereto, since the 22d August, 1867, and continued to hold and exercise the same, unlawfully, and for his removal therefrom, and that the relator should be declared to be…
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This was an appeal by the defendant from a judgment after trial by the court. The complaint prayed judgment that the defendant had usurped, and unlawfully held and exercised the office of secretary and treasurer of the Rochester and Genesee Talley Railroad Company, and the rights and franchises appertaining thereto, since the 22d August, 1867, and continued to hold and exercise the same, unlawfully, and for his removal therefrom, and that the relator should be declared to be entitled to the office, &c., since said 22d August, 1867. The Rochester and Genesee Talley Railroad Company was…
1Opinion of the Court
Present — E. D. Smith, Johnson and J. C. Smith, JJ.
By the Court
— James C. Smith, J.
This is an action in the nature of quo warrambo, to oust the defendant from the *205offices of secretary and treasurer of the Rochester and Genesee Yalley Railroad Company, a corporation organized under the provisions of the general railroad act, passed by the legislature of this State in 1850 (ch. 140).
The cause was tried at the Monroe circuit in April, 1868, without a jury, and a judgment was ordered pro foi'ma, in favor of the plaintiffs.
Upon a careful examination of the case, after argument hy counsel, on…
2Cases cited2 opinions
- Commonwealth v. DearbornMassachusetts Supreme Judicial Court · 1818
- People ex rel. McConvill v. HillsNew York Supreme Court · 1866
3Cited by4 opinions
- Cabana v. Holstein-Friesian Ass'n of AmericaNew York Supreme Court · 1920
- Barthell v. HenckeWisconsin Supreme Court · 1898
- State Ex Rel. Weitz v. PrestonSupreme Court of New Jersey · 1934
- Lord v. Equitable Life assurance SocietyNew York Supreme Court · 1908