South Western Railroad v. Benton

Hawkins, Justice.

(After stating the foregoing facts.) The controlling question in this case is, whether the South West-era Railroad Company (hereinafter called “South Western”) can legally sell and convey its franchise and physical properties to the reorganized Central of Georgia Railway Company (hereinafter called “Central”) upon the vote of a majority of its stockholder’s, or whether such a sale would have to be authorized by the unanimous consent of the stockholders.

Able counsel for all parties at interest have submitted most excellent briefs, showing exhaustive research. Due to the many…