Legal Opinion

Memphis & Little Rock Railroad v. Railroad Commissioners

Supreme Court of the United States

Decided December 22, 1884No. 859PublishedCited by 109 opinions

IN ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. This was a bill in equity filed in the Chancery Court of Pulaski County, Arkansas, seeking to enjoin the Board of Bail-road Commissioners of the State from appraising, for the purposes of taxation, any part of the property of the plaintiff in error, on the ground that it is exempted from taxation by a contract with the State contained in its charter of incorporation.

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IN ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. This was a bill in equity filed in the Chancery Court of Pulaski County, Arkansas, seeking to enjoin the Board of Bail-road Commissioners of the State from appraising, for the purposes of taxation, any part of the property of the plaintiff in error, on the ground that it is exempted from taxation by a contract with the State contained in its charter of incorporation. The Supreme Court of the State, on appeal, affirmed the decree of the Chancery Court dismissing the bill. That decree of the Supreme Court was brought here by writ of error,…

1Opinion of the CourtJustice Matthews

He recited the facts ás above stated, and continued:

The case of the plaintiff in error rests entirely upon the words of the ninth section of the act of incorporation of the Memphis and Little Rock Railroad Company of January 11, 1853, by.which it was empowered to borrow money “on,the credit of the company and on the mortgage of its charter and works.” ■ It is argued that these words confer power upon the company to convey to its bondholders, by way of mortgage and on foreclosure, to purchasers absolutely,, all the property' of the company, and all its franchises, including th¿ franchise of…

2Cases cited4 opinions

  1. Morgan v. LouisianaSupreme Court of the United States · 1876
  2. Railroad Co. v. GeorgiaSupreme Court of the United States · 1879
  3. Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876
  4. Wilson v. GainesSupreme Court of the United States · 1881

3Cited by109 opinions

  1. Poindexter v. GreenhowSupreme Court of the United States · 1885
  2. People v. . O'BrienNew York Court of Appeals · 1888
  3. Maryland Department of Human Resources v. Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1985
  4. Julian v. Central Trust Co.Supreme Court of the United States · 1904
  5. Scott v. DonaldSupreme Court of the United States · 1897

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