Railroad Co. v. County of Hamblen
Supreme Court of the United States
Error to the Supreme Court of the State of Tennessee. This' was an action brought by the East Tennessee, Virginia, and Georgia Railroad Company, against the County of Hamblen, Tennessee. The question at issue was as to the liability of the company to pay taxes on the assessed value of that portion of its road which lies in that county.
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Error to the Supreme Court of the State of Tennessee. This' was an action brought by the East Tennessee, Virginia, and Georgia Railroad Company, against the County of Hamblen, Tennessee. The question at issue was as to the liability of the company to pay taxes on the assessed value of that portion of its road which lies in that county. The Cincinnati, Cumberland Gap, and Charleston Railroad Company was chartered by an act of. the General Assembly of Tennessee, approved Nov. 18,1853, .the eighth section of which provides, “ That said company shall be, and they are hereby, vested with, all the…
1Opinion of the CourtChief Justice Waite
court.
This case is, we think, governed by that of. Morgan v. Louisiana, 93 U. S. 217. We there held that immunity from taxation was not such a franchise of a railroad corporation as would pass by a sale under, a mortgage “ on the property and franchises of the company,” and that the term “ franchises ” was not synonymous with “rights, privileges, and-franchises,” “rights, powers, and privileges,” and the like. The Cincinnati, Cumberland Gap, and Charleston Railroad Company was by its charter invested “ with all the rights,' powers, and privileges” of the Nashville and Louisville Railroad…
2Cases cited2 opinions
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Humphrey v. PeguesSupreme Court of the United States · 1873
3Cited by10 opinions
- Alison Palmer v. George P. Shultz, as Secretary of State. Marguerite Cooper v. George P. Shultz, as Secretary of StateCourt of Appeals for the D.C. Circuit · 1987
- Tennessee v. WhitworthSupreme Court of the United States · 1886
- Picard v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1889
- Alabama Great Southern Railway Co. v. GodfreySupreme Court of Alabama · 1908
- Memphis v. Memphis City BankTennessee Supreme Court · 1892
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