Oliver v. Memphis & L. R. R.
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. T. D. W. Yonley, Chancellor. The act of 11th January, 1853, exempting the road from taxation was not repealed, and could not be, constitutionally; reference made to the Chancellor's opinion, and authorities therein cited. State of Arkansas v. County Court of Crittenden County, 19 Ark., p. 360-72, and cases cited; Tomlinson v. Branch, 15 Wallace, 460, which shows that this exemption passes to a new company.
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APPEAL from Pulaski Chancery Court. Hon. T. D. W. Yonley, Chancellor. The act of 11th January, 1853, exempting the road from taxation was not repealed, and could not be, constitutionally; reference made to the Chancellor's opinion, and authorities therein cited. State of Arkansas v. County Court of Crittenden County, 19 Ark., p. 360-72, and cases cited; Tomlinson v. Branch, 15 Wallace, 460, which shows that this exemption passes to a new company. See also Jessup v. Tomlinson ib., 454; Humphries v. Pegues, 16 Wallace, 244; Pacific R, R. v. Maguire, 20 Wallace 36.
1Opinion of the Court
Harrison, J.:
This was a suit in the Pulaski Chancery Court, by the Memphis and Little Rock Railroad Company against William S. Oliver, Collector of Taxes of Pulaski County, to enjoin the collection of State and County taxes for the year 1869, on its road, work-shops, warehouses, cars, etc.,
The plaintiff was incorporated by a public act of the Legislature on the 11th day of January, 1853, the 28th section of which, act is as follows:
“The capital stock of said company shall be exempt from taxation until the road pays a dividend of six per cent., and the road with all its fixtures and…
2Cases cited2 opinions
- Ohio Life Insurance & Trust Co. v. DeboltSupreme Court of the United States · 1854
- Philadelphia and Wilmington Railroad Co. v. State of MarylandSupreme Court of the United States · 1851
3Cited by4 opinions
- State v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- Paving District v. Sisters of MercySupreme Court of Arkansas · 1908
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
- Northwest Arkansas Production Credit Ass'n v. CourtneySupreme Court of Arkansas · 1946