5 Mass. 230 (Mass. 1809), Commonwealth v. Union Fire And Marine Insurance Company In Newburyport
|Citation:||5 Mass. 230|
|Opinion Judge:||Parsons, C. J.|
|Party Name:||Commonwealth v. the Union Fire and Marine Insurance Company in Newburyport|
|Attorney:||Jackson, for the defendants, The Solicitor-General, acknowledging himself to appear, not in his official character, but as counsel for the relators,|
|Court:||Supreme Judicial Court of Massachusetts|
This was a motion for a rule upon the defendants to show cause why the Solicitor-General should not be directed to file an information in the nature of a quo warranto against them, that the said company might be dissolved, and their corporate powers be adjudged void.
The motion was made by Sullivan, in behalf of seventeen persons alleging themselves to be members of the corporation, and a rule was granted returnable at the term of this Court next to be holden in the county of Essex. That rule not having been served on the corporation, a new rule to the same effect was moved for, at the term in Essex, and granted, returnable at the July adjournment of this term, and being duly served, the parties appeared, and.
But he insisted that an information to seize the franchises of a corporation is never ordered at the motion of an individual. Here it ought to be directed by the government, or at least filed by the Attorney or Solicitor-General ex officio.
The facts charged in this case, if proved, would certainly incur a forfeiture of the charter, as they imply a gross misuser of the powers of the corporation. It will not be denied that there is ground from the affidavit of the complainants, to believe them true. As they are denied, the truth of them is a proper subject of inquiry by this Court, who have the general superintendence of...
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