Mayor of Macon v. Macon & Western R. R. Co.
Supreme Court of Georgia
Motion to dissolve injunction, in Bibb Superior Court. Decided by Judge Floyd, in Chambers, 8th March, 1849. By the provisions of an Act of the General Assembly, passed 20th December, 1828, a sale was authorized of the bridge across the Ocmulgee River at Macon, the properly of the State, to the Town of Macon, for the sum of $25,000, payable in instalments.
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Motion to dissolve injunction, in Bibb Superior Court. Decided by Judge Floyd, in Chambers, 8th March, 1849. By the provisions of an Act of the General Assembly, passed 20th December, 1828, a sale was authorized of the bridge across the Ocmulgee River at Macon, the properly of the State, to the Town of Macon, for the sum of $25,000, payable in instalments. By the 7th section of the Act, it was provided, that after the sale, the corporation “ shall not be permitted to collect toll for any wagon or other carriage loaded with cotton or corn, under the penalty” of forfeiting to the State for…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
The first question made by the record, is as to the right of the Macon & Western Rail Road Company, under their charter, to engage in the transportation of corn and cotton through the City of Macon, and across the Ocmulgee River on the bridge, by drays or other conveyance.
[1.] A corporation is an artificial being, invisible, intangible and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very…
2Cited by8 opinions
- Central Railroad v. CollinsSupreme Court of Georgia · 1869
- Eureka Iron & Steel Works v. BresnahanMichigan Supreme Court · 1886
- Darlington Corp. v. PinchCourt of Appeals of Georgia · 1966
- Brown v. Atlantic & Birmingham Railway Co.Supreme Court of Georgia · 1906
- Savannah, Albany & Gulf Railroad v. ShielsSupreme Court of Georgia · 1863
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