Commonwealth v. Dearborn
Massachusetts Supreme Judicial Court
This was an information in nature of quo warranta, filed by the Attorney and Solicitor-General in behalf of the commonwealth, alleging that the defendants, for the space of three months before the filing of the information, had used and exercised, and still did use and exercise, the office, liberty, and franchise, of managers of a lottery, granted by the legislature to the proprietors of Kennebcck Bridge; which office, &c., they are charged with having usurped upon the…
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This was an information in nature of quo warranta, filed by the Attorney and Solicitor-General in behalf of the commonwealth, alleging that the defendants, for the space of three months before the filing of the information, had used and exercised, and still did use and exercise, the office, liberty, and franchise, of managers of a lottery, granted by the legislature to the proprietors of Kennebcck Bridge; which office, &c., they are charged with having usurped upon the government of the commonwealth ; and thereupon pro cess is prayed against them, that they may be held to answer to the…
1Opinion of the Court
The Court
were of opinion that the prerogative of the government did not authorize the mode of pleading attempted, and the demurrer was withdrawn.
The issue in fact was joined by the defendants, and being tried *118during the term, the other point was reserved for argument, and the cause stood continued nisi for that purpose.
The counsel on both sides being present at the following Novem ber term in Essex, the question whether the information lay was argued at much length by them ; and it was afterwards determined by the Court, that the defendants, as managers of a lottery granted to a corporation,…
2Cited by12 opinions
- Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
- State Ex Rel. Stage v. MacKieSupreme Court of Connecticut · 1909
- Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895
- Haupt v. RogersMassachusetts Supreme Judicial Court · 1898
- State ex rel. Woodford v. NorthSupreme Court of Connecticut · 1875
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