The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-03-05
PLANK ROAD FREE
Court of Errors Decides the
Company's Charter Ex-
pired Last Year.
JUDGES ARE UNANIMOUS
Vice Chancellor Pitney Re-
versed in Erie Railroad
VS.. Jersey City.

OF ERRORS, by unanimous vote, yeSter-
day declared that the corporate existence
of the Newark Plank Road Company, en-
/ abling it to operate its plank road, ex-
pired February "a, 1899 In this much the
Court affirmed the judgment of the SUI
preme Court. The Court of Errors, how
ever, modifies the finding of the Supreme
Court by declaring that the Plank Road
Company is to have a corporate exist
ence for the purpose of prosecuting suits,
and in other ways looking after its af-
fairs, as provided in section 50 of the
Corporation act.
| The opinion of the Court of Errors is
by Justice Dixon. In explaining the po-
sition of the Court of Errors, Justice
Dixon says
I'm the main we concur in the opinion
rendered in the Supreme Court That
opinion was to the effect that the char
ter of the Plank Road Company had ex-
pired. In the concluding sentence of the
opinion it is held that the company shall
continue to be a body corporate for the
purpose mentioned in section 50 of the
act concerning corporations. This section
provides that corporations having special
charters shall be continued as bodies cor
porate for the purpose of prosecuting
suits, ETC., after their charters shall have
expired. Notwithstanding this opinion,
the Judgment rendered was that the de-
PENDANTS should be ousted from enjoy
ing the franchise of a body corporate.
THE judgment should be so modified
as to provide that while the companys 5
charter to operate the Plank road has
expired, the company shall have a corpor-
ate existence for the purposes provided
| in section SO of the Corporation act'
| This view was concurred in by the en-
| tire court.
| Justice Dixon, in the syllabus, says
| "On the expiration of the charter of
| corporation, the corporate existence is
continued by section SO of AN act con
! cerning corporations for the purposes
therein mentioned, and consequently upon
a determination in quo warranto proceed
! ings that the charter has expired, a
| Judgment ousting the corporation from
enjoying the franchise of corporate exist
ence should not be rendered.
/ IF. on a demurrer in quo warranto pro-
ceedings and count of the information
| legally states matter capable of support
| ing the information and there is no plea
| legally stating sufficient answer there
| to, the defendant cannot be acquitted
| In the opinion proper Justice Dixon,
speaking of the Supreme Court judg-
ment, says
This Judgment should be reversed, and
| in its stead should be entered Judgment
| that the corporate existence of said COM
pany has terminated except so far as It
| is continued by the said section, and that
| ( fhn con1panu he a11stad from the ayaroieo
and enjoyment of all franchises except as
are thereby conferred
Vice Chancellor Pitney's order fining a
number of the officers and members of
| Germania Lodge, Knights of Pythias, of
Newark, and ordering that they be COM
| mitted to the Essex County Jail until the
| fines were paid, was set aside in so far
as the commitment to Jail is concerned.
The proceedings in Chancery were be-
gun by the Grand Lodge of New Jersey
! against Germania Lodge, of Newark, the
officers of which were enjoined from dis
posing of the funds in their possession
during the tendency of the suit.
The Court also reversed the Vice Chan
cellor in the case of Tate v. Mcdonald
holding that the case was not properly
before the official and that he had no
| Jurisdiction
| In the case of the Erie Railroad Com
pany We. Jersey City, it was held that the
| city alone could tax a grain elevator of
| the company. The property had been also
taxed by the State, on the ground that
| the place was used as railroad property
! The city thus recovers $345 900 adjusted
by the Martin Tax Commissioners from
| IN toy
The railroad company refused to recog-
nize the citys right to tav the property
in question claiming that it was used for
railroad purposes. It paid the tax levied
| by the State Board. The case was first
argued in 1899 by Corporation Counsel Nc
Dermott. City Attorney Queen took the
testimony. The city contended that the
| elevator and the ground or pier upon
which ] stands was not used for railroad
| purposes and was liable to local tax
The Supreme Court upheld the city's
contention and the railroad company took
The case to the Court of Errors and APP
peals, where it was argued at the No
vember term. The property is assessed at
$685., 800, the yearly tax amounting to s24,-
1880.
In the case of Israel Kelsey VS.. the
| A'Sss Ling iebifd AotlOCt AeoIWdy4 OoihpdAys
to compel the company to sell him some
| stock, the Court decided against the
plaintiff, as the verbal agreement of the
committee of the road to sell stock did
not extend to individuals.
| The Court set aside the Judgment re-
covered by Mary E. Kocher, Of Newark.
against the Supreme Council, Catholic
Benevolent Legion.
The following local cases were affirmed:
Brown v. Town of Union.
Camp v. Town of Union.
Cossitt Land Company v. Town of
Union.
Lord Y. Bayonne.
Markey v. Consolidated Traction Com
pany.
Morgan v. Town of Union.
Morris and Essex Railroad v. Jersey
City (two cases).
The Court of Errors and Appeals has
also affirmed the decision of the Supreme
Court In the case of the city against the
Delaware. Lackawanna and Western
Railroad for assessment for improve
lnents IN Eighteenth street and n Bea-
con avenue. The railroad company's con-
stention that II was not benefited py the
improvements.