Legal Opinion

Attorney-General v. Consolidated Gas Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 14, 1908PublishedCited by 14 opinions

Appeal by the petitioner, the Attorney-General of the State of New York, from an order of the Supreme. Court, made at the New York Sjoeeial Term and entered In the office of the clerk of the county of New York on the 12th day of August, 1907, denying the petitioner’s application for leave to. bring an action against the, Consolidated Gas Company of New-York. The opinion delivered at Special Term is reported in Matter of Consolidated. Gas Co. (56 Mise. Hep. 49). .

1Opinion of the Court

Scott, J.:

In this proceeding the Attorney-General seeks the leave o'f the court to bring an action against the Consolidated Gas Company of. Hew York to procure a judgment vacating the charter and annulling ■the corporate existence of the company.

The present appeal is from an order at Special Term refusing to give the desired leave. The application is made under section 1798 of the Code- of Civil Procedure, .which authorizes the Attorney-General to bring 'such-an action, in .certain- cages, upon obtaining leave so to do-from the court. Whether or not such leave should be given rests in each…

2Cases cited8 opinions

  1. Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
  2. Matter of DaviesNew York Court of Appeals · 1901
  3. Cummings v. . Union Blue Stone Co.New York Court of Appeals · 1900
  4. People Ex Rel. New York Electric Lines Co. v. EllisonNew York Court of Appeals · 1907
  5. People v. Equity Gas Light Co.New York Court of Appeals · 1894

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3Cited by14 opinions

  1. Continental Securities Co. v. Interborough Rapid Transit Co.U.S. Circuit Court for the District of Southern New York · 1908
  2. Henry L. Doherty & Co. v. RiceU.S. Circuit Court for the District of Middle Alabama · 1910
  3. People v. EpsteanNew York Court of General Session of the Peace · 1918
  4. People v. Bleecker Street & Fulton Ferry RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  5. Attorney-General v. Interborough-Metropolitan Co.Appellate Division of the Supreme Court of the State of New York · 1908

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