Central of Georgia Ry. Co. v. Union Springs & Northern Ry. Co.
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Heard, before Hon. A. A. Evans. Appellee filed in the probate court of Bullock county an application to condemn certain lots in the town of Union Springs belonging to appellant. There was judgment of condemnation from which, appellant appealed to the circuit court of Bullock county. The appellant, in both courts, filed the following objection and answer in the nature of demurrer to the application.
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Appeal from Bullock Circuit Court. Heard, before Hon. A. A. Evans. Appellee filed in the probate court of Bullock county an application to condemn certain lots in the town of Union Springs belonging to appellant. There was judgment of condemnation from which, appellant appealed to the circuit court of Bullock county. The appellant, in both courts, filed the following objection and answer in the nature of demurrer to the application. “1st, said application shows that the terminal point of the said U. S. & N. Ry. Co. was Union Springs, in the county of Bullock, and Ft. Davis in the county of…
1Opinion of the CourtSimpson, J.
This is a proceeding by appellee to condemn a right of way over certain lots in Union Springs, Alabama.
The first proposition insisted upon by the appellant is that the! appellee corporation Aims not. duly organized according to- our statutes, and consequently, had no right to condemn the right of way. It claims that the corporation was not duly organized because the certificate of its organization does not contain the names of the incorporators. While it is true that 1163 of the Code does state that “when duly organized a corporation has power, etc,” yet, to give that expression the strict…
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- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
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