Meyer v. Johnston & Stewart
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 19 th March, 1873, by James B. Johnston and John A. Stewart, as trustees under a mortgage, or deed of trust, executed to them, on the 1st October, 1867, by the Selma, Rome, and Dalton Railroad Company ; and prayed the appointment of a receiver or receivers, to take possession of the railroad and operate it, pending the suit, under the orders of the court, a…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The bill in this case was filed on the 19 th March, 1873, by James B. Johnston and John A. Stewart, as trustees under a mortgage, or deed of trust, executed to them, on the 1st October, 1867, by the Selma, Rome, and Dalton Railroad Company ; and prayed the appointment of a receiver or receivers, to take possession of the railroad and operate it, pending the suit, under the orders of the court, a foreclosure of the mortgage, or deed of trust, an adjustment of various conflicting liens and claims, a sale of the…
1Opinion of the CourtManning, J.
When this cause was here before (53 Ala. 813 et seq.), it was unanimously decided, that the Alabama and Tennessee Rivers Railroad Company did not become dissolved and defunct by the consolidation with it of the Georgia and Alabama Railroad Company and the Dalton and Jacksonville Railroad Company, corporations of the State of Georgia, but continued to exist, with privileges enlarged, and resources increased, perhaps, under the new name of the Selma, Rome, and Dalton Railroad Company. This decision was founded upon the record, as it then was. After the cause went back, an amendment of the…
2Cases cited3 opinions
- Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876
- McMahan v. MorrisonIndiana Supreme Court · 1861
- Eaton & Hamilton R. R. v. HuntIndiana Supreme Court · 1863
3Cited by16 opinions
- Cochran v. MillerSupreme Court of Alabama · 1883
- King v. PorterSupreme Court of Alabama · 1935
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
- Chicago, Santa Fe & California Railway Co. v. AshlingIllinois Supreme Court · 1895
- Jewett City Savings Bank v. Board of EqualizationSupreme Court of Connecticut · 1933
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