Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic Railroad
Supreme Court of Georgia
Petition for injunction. Before Judge Pendleton. Fulton superior court. June 30, 1905. This was an application for an injunction by the Atlanta and West Point Eailroad Company, hereinafter referred to as the West Point Company, against the Atlanta, Birmingham and Atlantic Eailroad Company, hereinafter referred to as the Birmingham Company, to prevent the latter company from condemning, for use as a part of its main line, property in the city of LaGrange, Troup countjq owned…
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Petition for injunction. Before Judge Pendleton. Fulton superior court. June 30, 1905. This was an application for an injunction by the Atlanta and West Point Eailroad Company, hereinafter referred to as the West Point Company, against the Atlanta, Birmingham and Atlantic Eailroad Company, hereinafter referred to as the Birmingham Company, to prevent the latter company from condemning, for use as a part of its main line, property in the city of LaGrange, Troup countjq owned by the former company. The judge refused to grant the injunction, and the West Point Company excepted. It is averred in…
1Opinion of the CourtCobb, P. J.
1. The charter of the Birmingham company does not appear in the pleadings. The petition alleges that it is a corporation of this State “recently incorporated.” It is well settled in this State that the courts will take judicial cognizance of the powers of a railroad company incorporated under an act of the General Assembly. The law requires the acts to be deposited in the office *128of the secretary of State, and the court notices without proof the-contents of all acts that are so deposited. Since the power to incorporate a railroad company has been taken away from the General Assembly and…
2Cases cited2 opinions
- City Council v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
- Ragland v. BarringerSupreme Court of Georgia · 1870
3Cited by12 opinions
- Atlanta Terra Cotta Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
- Marsh Mining Co. v. Inland Empire Mining & Milling Co.Idaho Supreme Court · 1916
- McGowans v. Speed Oil CompanyCourt of Appeals of Georgia · 1956
- Savannah River Terminals Co. v. Southern Railway Co.Supreme Court of Georgia · 1918
- Railroad Commission v. Macon Railway & Light Co.Supreme Court of Georgia · 1921
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