Legal Opinion

Farmers' Loan & Trust Co. v. Board of Sup'rs of Alcorn County

Court of Appeals for the Fifth Circuit

Decided April 11, 1899No. 775PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the Northern District of Mississippi. By an act approved February 22, 1890, the legislature of the state of Mississippi granted a charter to the Greenville, Nashville & Chattanooga Railway Company, which, among other things, provides that any county through which the road may be located may subscribe to the capital stock of the road and pay therefor in bonds; that the question of subscription shall first be submitted to…

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Appeal from the Circuit Court of the United States for the Northern District of Mississippi. By an act approved February 22, 1890, the legislature of the state of Mississippi granted a charter to the Greenville, Nashville & Chattanooga Railway Company, which, among other things, provides that any county through which the road may be located may subscribe to the capital stock of the road and pay therefor in bonds; that the question of subscription shall first be submitted to the qualified voters of the county; that, upon the petition of 20 legal voters and taxpayers who are freeholders, asking…

1Opinion of the CourtMcCORMICK, Circuit Judge

Looking through the technical pleadings, it is manifest that this suit is brought and prosecuted substantially in behalf of the appellee the Greenville, Nashville & Chattanooga Railway Company, nominal defendant below. Against it no relief is sought. Considered as a suit between the railway company and the county of Alcorn, the circuit court was without jurisdiction to entertain it. In this court distinguished counsel have submitted a printed argument on behalf of the railway company, in which they say, by way of preface, that the answer of tlie railway company admits tlie allegations of tlie…

2Cited by2 opinions

  1. Baltimore Trust Co. v. Interocean Oil Co.District Court, D. Maryland · 1939
  2. Farmers' Loan & Trust Co. v. City of CorinthCourt of Appeals for the Fifth Circuit · 1899

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