State v. Western & Atlantic R.
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior court. March 12, 1910. The State of Georgia owns a railroad known as the Western and Atlantic Railroad, extending from Atlanta, Georgia, to Chattanooga, Tennessee. In November, 1889 (Acts of 1889, p. 362), an act was passed by the General Assembly providing for its lease. It was stipulated that tlie Governor should advertise for bids, and no bids.for less than a stated minimum would be received.
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Equitable petition. Before Judge Pendleton. Fulton superior court. March 12, 1910. The State of Georgia owns a railroad known as the Western and Atlantic Railroad, extending from Atlanta, Georgia, to Chattanooga, Tennessee. In November, 1889 (Acts of 1889, p. 362), an act was passed by the General Assembly providing for its lease. It was stipulated that tlie Governor should advertise for bids, and no bids.for less than a stated minimum would be received. Among other features it was provided, in section 7, that all improvements and betterments were to be made at the expense of the lessee, and…
1Opinion of the Court
Evans, P. ¿T.
(Alter stating the facts.) 1. The predicate of this action is the 11th section of the leasing act of 1889, which provides, “that said lessee or lessees shall he required to pay all taxes and assessments upon the property of this State in the State of Tennessee, and in Georgia upon all property owned or controlled by them, not received from the' State, and such further taxes upon their income as is now paid by the Central Eailroad and Banking Company.” The ultimate result sought to be attained is the collection of taxes alleged to be due to the State under this section. In view of…
2Cases cited13 opinions
- Central of Georgia Railway Co. v. WrightSupreme Court of the United States · 1907
- People v. McCreeryCalifornia Supreme Court · 1868
- Penick v. FosterSupreme Court of Georgia · 1907
- Wells v. Mayor of SavannahSupreme Court of Georgia · 1891
- Hawkins v. IntendantSupreme Court of Georgia · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Featherstone v. NormanSupreme Court of Georgia · 1930
- Bohler v. CallawaySupreme Court of the United States · 1925
- Leonard v. Firemen's InsuranceCourt of Appeals of Georgia · 1959
- Richmond County v. SteedSupreme Court of Georgia · 1920
- Daniel v. Citizens & Southern National BankSupreme Court of Georgia · 1936
23 more not listed; retrieve them via the Exa API.