People v. Tobacco Manufacturing Co.

In this case a motion was made to vacate the discontinuance of the suit as directed by Mr. Champlain, State Attorney General. The Judge denied the motion, rendering the following opinion:—The people, in their sovereign capacity, are the only ones who can claim the forfeiture of the charter of a corporation. That is too well settled to need authority. They may claim the forfeiture or waive it, and they may waive it at one time or at another, either before or at any stage of a proceeding to enforce it. That being clearly so, their Attorney General, in the absence of any expressed other will of…