State ex rel. County Commissioners v. County Commissioners
Supreme Court of Florida
This is a case of original jurisdiction. The alternative writ alleges- substantially that James E. Young and the other relators, naming them, are the County Commissioners of Columbia county ; that the “ Internal Improvement Act,” approved January 6, 1855, authorized the various counties through or near which any of the lines of railroad or their.extensions, contemplated by the fourth section of said act, should pass or in which they ¡might terminate, to subscribe for and…
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This is a case of original jurisdiction. The alternative writ alleges- substantially that James E. Young and the other relators, naming them, are the County Commissioners of Columbia county ; that the “ Internal Improvement Act,” approved January 6, 1855, authorized the various counties through or near which any of the lines of railroad or their.extensions, contemplated by the fourth section of said act, should pass or in which they ¡might terminate, to subscribe for and hold the capital stock ■of the railroad company authorized to construct the same, but that it should be first submitted to…
1Opinion of the Court
The Chiee-Justice
delivered the opinion of the court on the demurrer:
The demurrer of the relator to the return oí respondents involves the sufficiency of the allegations of the alternative writ. We regard the facts stated in the writ to be sufficient.
The return is voluminous and for convenience its para, graphs have been numbered. A suggestion is made in the return that two hundred and fifty-three shares of stock in the railroad company was not the proper proportion of shares to which Suwannee county was entitled, because that number of shares is computed upon the basis of one thousand shares…
2Cases cited5 opinions
- Chumasero v. PottsMontana Supreme Court · 1875
- President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
- Duke v. Cahawba Navigation Co.Supreme Court of Alabama · 1846
- Canova v. State ex rel. CommissionersSupreme Court of Florida · 1882
- Castle v. LawlorSupreme Court of Connecticut · 1879
3Cited by14 opinions
- Garcia v. Chrysler Group LLCDistrict Court, S.D. New York · 2015
- Sauls v. FreemanSupreme Court of Florida · 1888
- Buckman v. State ex rel. SpencerSupreme Court of Florida · 1894
- Marler v. WearTennessee Supreme Court · 1906
- Devin v. BeltCourt of Appeals of Maryland · 1889
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