Johnson v. Mercantile Trust & Deposit Co.
Supreme Court of Georgia
Equitable petition. Before Judge Pish. Sumter superior court. November term, 1893. The Americus, Preston & Lumpkin Railroad Company was chartered and organized in 1884, under the general law for the incorporation of railroad companies. Code, §1689(a), et seq. In 1886 resolutions were adopted and filed in accordance with this law, authorizing extensions of the road.
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Equitable petition. Before Judge Pish. Sumter superior court. November term, 1893. The Americus, Preston & Lumpkin Railroad Company was chartered and organized in 1884, under the general law for the incorporation of railroad companies. Code, §1689(a), et seq. In 1886 resolutions were adopted and filed in accordance with this law, authorizing extensions of the road. In 1888 and 1890 special acts were passed by the legislature, amending the charter by changing the name of the corporation to the Savannah, Americus & Montgomery Railway, and conferring certain powers therein stated. See Acts 1888,…
1Opinion of the Court
Simmons, Justice.
The railroad company was organized under the general law which authorized railroad companies to obtain charters. It therefore became a valid and legal eorpo*327ration. It subsequently applied to the legislature for an amendment to its charter, increasing its powers and changing its name. This was done with the knowledge of its stockholders and without any objection on their part to the special legislation. After the amendment it exercised the additional rights and powers conferred upon it, contracted debts and issued bonds in its new name. The fact that the legislature, by the…
2Cited by11 opinions
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- Alexis Inc. v. WerbellSupreme Court of Georgia · 1953
- Savannah Ice Co. v. Canal-Louisiana Bank & Trust Co.Court of Appeals of Georgia · 1913
- Bank of Garfield v. ClarkSupreme Court of Georgia · 1912
- Helping Hand of Good Samaritan v. Bank of SmithvilleCourt of Appeals of Georgia · 1924
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