Legal Opinion

Dart v. Houston

Supreme Court of Georgia

Decided June 15, 1857No. 13PublishedCited by 17 opinions

In Equity from Glynn Superior Court. Decision on demurrer, by Judge Cochran, at April Term, 1857. The following is the bill and exhibits filed by complain.ants in this cause, and to which defendants demurred. Georgia, Glynn County. To the Honorable the Judge of the Superior Court of the Brunswick Circuit of the State of Georgia, having jurisdiction in Equity.

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In Equity from Glynn Superior Court. Decision on demurrer, by Judge Cochran, at April Term, 1857. The following is the bill and exhibits filed by complain.ants in this cause, and to which defendants demurred. Georgia, Glynn County. To the Honorable the Judge of the Superior Court of the Brunswick Circuit of the State of Georgia, having jurisdiction in Equity. Humbly complaining, showeth unto your Honor, your Orators, James Houston, J. M. Tison, S. M. Burnett, S. M, Timmons and J. W, Moore, Trustees of Glynn County Academy, in the county of Glynn, and said State, chosen by the Grand Jury of…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion,

' It is necessary in the outset, to consider whether the “Trustees of the Glynn County Academy,” be a corporation of the class, which constitutes a contract between the State Government and the corporators, within the meaning of that clause of the Federal Constitution which inhibits a State from passing a law impairing the obligation of contracts.

The great and leading case which brings the grant of a charter or an act of incorporation of any sort, within the protection of the Constitution of the United States, as a contract, in the case of the…

2Cited by17 opinions

  1. State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
  2. Trustees of Academy v. City CouncilSupreme Court of Georgia · 1892
  3. State ex rel. Wyoming Agricultural College v. IrvineWyoming Supreme Court · 1906
  4. Jagnandan v. Mississippi State UniversityMississippi Supreme Court · 1979
  5. State v. ScottNebraska Supreme Court · 1904

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