Davis v. Vernon Shell Road Co.
Supreme Court of Georgia
Action to forfeit charter, etc. Before Judge Callaway. Chat-ham superior court. March term, 1897. The commissioners of turnpikes of Chatham county brought-suit under the Political Code, § 647. The defendant demurred on the grounds: (1) It holds its charter under acts of the legislature passed in 1859, whereas the law under which the-action was brought was passed in 1879. (2) The complaint, fails to allege a violation of its charter on the part of the defendant.
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Action to forfeit charter, etc. Before Judge Callaway. Chat-ham superior court. March term, 1897. The commissioners of turnpikes of Chatham county brought-suit under the Political Code, § 647. The defendant demurred on the grounds: (1) It holds its charter under acts of the legislature passed in 1859, whereas the law under which the-action was brought was passed in 1879. (2) The complaint, fails to allege a violation of its charter on the part of the defendant. (3) Under the charter the defendant has vested rights,, as set out in the declaration. The demurrer was sustained. The petition…
1Opinion of the CourtLewis, J.
The facts are stated in the official report.
1. The grant of chartered rights by one legislature to individuals can not prevent subsequent legislatures from enacting measures looking to the police regulation of incorporated companies thus created. The rights of a natural person are always subject to police regulation by the government, whenever, in the judgment of its legislative branch, the public interests require such action. There is no reason in law or justice why incorporated companies should not be subjected to the same rule. This is certainly true where a State, in the grant of…
2Cases cited5 opinions
- Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885
- Hill v. Merchants' Mutual InsuranceSupreme Court of the United States · 1890
- Cutts & Johnson v. HardeeSupreme Court of Georgia · 1868
- Sparger v. CumptonSupreme Court of Georgia · 1875
- Habersham, Turnpike Co. v. TaylorSupreme Court of Georgia · 1884
3Cited by1 opinion
- Coastal Georgia Regional Development Center v. HigdonSupreme Court of Georgia · 1994