Foltz v. St. Louis & S. F. Ry. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Western District of Arkansas. Suit for injunction brought by the St. Louis & San Francisco Bail-way Company against Mary A. Foltz, and revived, after her death, against Jacob 1C. Foltz, her husband, and Joseph B. Foltz, Genevieve O. Foltz, Frances A. Foltz, Janies A. Foltz, and Jacob IC. Foltz, her children. Plaintiff obtained a decree. Defendants appeal.
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Appeal from the Circuit Court of the United States for the Western District of Arkansas. Suit for injunction brought by the St. Louis & San Francisco Bail-way Company against Mary A. Foltz, and revived, after her death, against Jacob 1C. Foltz, her husband, and Joseph B. Foltz, Genevieve O. Foltz, Frances A. Foltz, Janies A. Foltz, and Jacob IC. Foltz, her children. Plaintiff obtained a decree. Defendants appeal. This is an appeal from a decree enjoining the appellant, Mary A. Foltz, who is a married woman, from prosecuting an action of ejectment against the St. Louis & San Francisco Railway…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts). The power of eminent domain — the right to take the property of the citizen for public use — is an attribute of sovereignty. It lies dormant in the state until the right to exercise it is granted by tbe state to some public or quasi public corporation, or until it is exercised by the state itself. It follows that no corporation has the right to exercise (this power unless the state has granted to it that right; and it is 'conceded that, under the constitution of the state of Arkansas, a foreign corporation, as such, cannot have this right. Holbert v. Railroad Co.,…
2Cases cited29 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- In Re SawyerSupreme Court of the United States · 1888
- Kohl v. United StatesSupreme Court of the United States · 1876
- Hunt v. . HuntNew York Court of Appeals · 1878
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
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3Cited by106 opinions
- Malone v. MeresSupreme Court of Florida · 1926
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Sam Title, AKA Sam Teitelman v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
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