Moore v. Schoppert

Citations

• 22 W. Va. 282
• 1883 W. Va. LEXIS 57

Syllabus

<p>1. An ex parte order of tbe county court of Jefferson county taking charge of so much of the Cross-Roads and Summit Point turnpike as lies in said county, made without notice, would not, even if it was so intended, transfer to said county or divest any rights or title of the corporation owning said turnpike ; although some of the private stockholders of said corporation subsequently appeared in said court and asked it to rescind said order, which it refused to do. The only effect of said order was to declare the interest of the State in said corporation to be vested in said county and to express its willingness to take charge of the same. (p. 287.)</p> <p>2. The effect of the legislation of the re-organized government of Virginia and of this State is to transfer to and vest in the different counties of this State the stock or interest of the State of Virginia and of this State in the roads of incorporated turnpike companies and to confer upon the respective county courts of . this State the management and 'control of the stock or interest thus transferred, and also to give to said county courts control of any such roads or parts thereof lying in any county as such county may hy agreement, condemnation or otherwise acquire, or of such roads as may have been entirely abandoned by any such corporation or the private stockholders thereof; but it does not give to to the county courts jurisdiction and control over any turnpike road belonging to any incorporated company, which is or shall be managing and, eon trolling its road according to its charter, further than the right to control and represent as a stockholder the stock or interest acquired by the county from the State in such company, and to regulate the tolls of such company, (p.289.)</p> <p>3. The charter of a corporation does not expire by reason of acts of omission or commission on the part of the company, even where they constitute a sufficient ground for declaring a forfeiture ; but the franchises continue