Franklin Bridge Co. v. Wood
Supreme Court of Georgia
Assumpsit in Heard Superior Court. Tried before Judge Hill, May Term, 1853. The Franklin Bridge Company was incorporated under the Act of the Legislature of 1843, to prescribe the mode of incorporating companies for certain purposes, by an order of the Inferior Court of Heard county. The Company sued the defendant, Wood, for his subscription to their stock.
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Assumpsit in Heard Superior Court. Tried before Judge Hill, May Term, 1853. The Franklin Bridge Company was incorporated under the Act of the Legislature of 1843, to prescribe the mode of incorporating companies for certain purposes, by an order of the Inferior Court of Heard county. The Company sued the defendant, Wood, for his subscription to their stock. The defendant pleaded that the Company was not legally incorporated ; contending that the Act of the Legislature, referred to, was unconstitutional and void. Upon argument, the Court held that the Act aforesaid, was unconstitutional, and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Is the act of 1843, and that of 1845, amendatory thereof, pointing out the manner of creating certain corporations and defining their rights, privileges and liabilities, unconstitutional ?
By the first section of the act of 1843, it is provided “ That when the persons interested, shall desire to have any church, camp ground, manufactming company, trading company, ice company, fire company, theatre company, or hotel company, bridge company, and ferry company, incorporated, they shall petition in writing the Superior or Inferior Court of the county…
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