Cluthe v. Evansville, Mt. Carmel & Northern Railway Co.
Indiana Supreme Court
From Superior Court of Vanderburgh County; Alexander Gilchrist, Judge. Action by the Evansville, Mt. Carmel and Northern Railway Company against William B. Cluthe and others. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtMyers, J.
Appellee, an alleged corporation of the State of Indiana, instituted an action to condemn certain described lands to be used by it as a steam railway, under the eminent domain statute (§§929-940 Burns 1908, Acts 1905 p. 59, §§1-9, 11, 12, Acts 1907 p. 306). Appellants filed five objections, but have presented here only the fifth, which is as follows: “That plaintiff has no right to exercise the power of eminent domain for the use sought, for the reason that articles of incorporation, by and through which plaintiff incorporated under the laws of this State, were filed in the office of the…
2Cases cited26 opinions
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale RailroadCalifornia Supreme Court · 1873
- Cincinnati, Hamilton & Indianapolis Railroad v. CliffordIndiana Supreme Court · 1888
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3Cited by3 opinions
- Daily v. MarshallMontana Supreme Court · 1913
- Turner v. Western Hydro-Electric Co.Michigan Supreme Court · 1927
- First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917