St. Louis & S. F. R. Co. v. Foltz
U.S. Circuit Court for the District of Western Arkansas
In Equity. Suit by the St. Louis & San Francisco Railroad Company against Mary A. Foltz to restrain the prosecution by her of an action of ejectment against the railroad company. Heard upon bill and answer and on the pleadings and exhibits in the action of ejectment as-exhibits. Decree in favor of complainant for a perpetual injunction.
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In Equity. Suit by the St. Louis & San Francisco Railroad Company against Mary A. Foltz to restrain the prosecution by her of an action of ejectment against the railroad company. Heard upon bill and answer and on the pleadings and exhibits in the action of ejectment as-exhibits. Decree in favor of complainant for a perpetual injunction. Defendant set up in her complaint in the action of ejectment that she-was entitled to the immediate possession of certain lands therein described, for the reason that plaintiff undertook, in the state circuit court of Sebastian county, Ark., to condemn, under…
1Opinion of the Court
Parker, District Judge.
The first question is: Did the St. Louis & San Francisco Railroad Company, at the time this property was condemned, have a right to take property by condemnation proceedings, it being a railroad corporation residing in Missouri? Section 11, art. 12, of the state constitution, provides that no foreign corporation shall “have power to condemn or appropriate property.” This means that a corporation which is not a domestic one cannot use the power of eminent domain to acquire property for its uses; that a railroad company which does not become domesticated cannot use the…
2Cases cited5 opinions
- Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
- Barnes v. LloydMassachusetts Supreme Judicial Court · 1873
- Eddy v. ChaceMassachusetts Supreme Judicial Court · 1886
- Dobbin v. CordinerSupreme Court of Minnesota · 1889
- Garland County v. GainesSupreme Court of Arkansas · 1886
3Cited by7 opinions
- Central Pacific Ry. Co. v. FeldmanCalifornia Supreme Court · 1907
- United States v. McIntoshDistrict Court, E.D. Virginia · 1932
- Davis, Et Vir v. BattleSupreme Court of Florida · 1938
- Gypsum Ranch Co., LLC v. Board of County CommissionersColorado Court of Appeals · 2009
- Cooper v. BurnsU.S. Circuit Court for the District of Nebraska · 1904
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