Legal Opinion

International & Great Northern Railway Co. v. State

Court of Appeals of Texas

Decided December 10, 1889No. 6874PublishedCited by 16 opinions

Appeal from Travis. Tried below before Hon. John C. Townes: The opinion states the case. The Attorney-General filed a motion to dismiss the appeal, as follows (filed April 3, 1889): “'How comes the State of Texas by attorney and moves the court to dismiss this case, which is by quo warranto, for the following reasons, to-wit: “1. That the appeal herein was not prosecuted within the time prescribed by law, as the judgment in the case was rendered on June 21, 1888, and the…

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Appeal from Travis. Tried below before Hon. John C. Townes: The opinion states the case. The Attorney-General filed a motion to dismiss the appeal, as follows (filed April 3, 1889): “'How comes the State of Texas by attorney and moves the court to dismiss this case, which is by quo warranto, for the following reasons, to-wit: “1. That the appeal herein was not prosecuted within the time prescribed by law, as the judgment in the case was rendered on June 21, 1888, and the transcript of the proceedings in the court below was filed in this court the 3d of April, 1889, three days after the first…

1Opinion of the Court

STAYTON, Chief Justice.

This proceeding was brought by the State through the Attorney-General under the act regulating proceedings in quo warranto, and the purpose of the proceeding was:

1. To have declared a forfeiture of the company’s charter and wind up its business.

2. To have a decree withdrawing from the company’s property the immunity from taxation given by the Act of March 10, 1875.

On hearing the court below found that the facts proved did not justify ■a forfeiture of the company’s charter, but that the facts relied upon for that purpose were sufficiently shown to authorize a decree…

2Cases cited7 opinions

  1. Morgan v. LouisianaSupreme Court of the United States · 1876
  2. Railroad Co. v. GeorgiaSupreme Court of the United States · 1879
  3. Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
  4. St. Louis, Iron Mountain & Southern Railway Co. v. BerrySupreme Court of the United States · 1885
  5. State ex rel. Spalding v. SmithTexas Supreme Court · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Gage v. PhillipsNevada Supreme Court · 1891
  2. State ex rel Crawford v. WagnerCourt of Appeals of Texas · 1947
  3. State v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
  4. Nardis Sportswear v. SimmonsTexas Supreme Court · 1949
  5. Great Northern Railway Co. v. MinnesotaSupreme Court of the United States · 1910

11 more not listed; retrieve them via the Exa API.

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