First. That the resolution or ordinance of the common council, authorizing Sharp and his associates to construct and operate the road, was valid as a license, revocable at pleasure, although in form a grant or contract; Second. That, conceding the resolution or ordinance was void, the original parties could not maintain the action, and that the amendment allowing the attorney-general to be made a party plaintiff was unauthorized and erroneous. All the judges, except MITCHELL, J., who t…
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