Mobile & Ohio Railroad v. Moseley
Mississippi Supreme Court
Appeal from the Chancery Court of Lauderdale County. Hon. JohN J. DENNIS, Chancellor. Appellant claimed exemption from taxation of its road and detached lands upon the following grounds: Section 3, of the charter of incorporation is in following words : ‘ ‘ That whenever any portion of said railroad shall be completed, through this state, and is paying an interest of eight per cent, per annum on its cost, and not before, such portion may be-, taxed the same percentage, and…
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Appeal from the Chancery Court of Lauderdale County. Hon. JohN J. DENNIS, Chancellor. Appellant claimed exemption from taxation of its road and detached lands upon the following grounds: Section 3, of the charter of incorporation is in following words : ‘ ‘ That whenever any portion of said railroad shall be completed, through this state, and is paying an interest of eight per cent, per annum on its cost, and not before, such portion may be-, taxed the same percentage, and no more, upon the capital expended in the construction thereof, as lands in this state shall be taxed.” Acts of 1848, p.…
1Opinion of the CourtChalmers, J.
The case stands on bill and demurrer. By the bill the Mobile & Ohio Railroad Company claim exemption from state and county taxation under and by virtue of the 3d section of their original charter, granted by act of 17th of February, 1848, which section' is in the following words: “ That whenever any portion of said railroad shall be completed through this state, and is paying an interest of eight per cent, per annum on its cost, and not before, such portion may be taxed the same percentage, and no more, upon the capital expended in the construction thereof, as lands in this state shall be…
2Cases cited4 opinions
- Railway Co. v. PrescottSupreme Court of the United States · 1873
- Railway Co. v. McShaneSupreme Court of the United States · 1875
- McDonald v. MurphreeMississippi Supreme Court · 1871
- Richardson v. ScottMississippi Supreme Court · 1872
3Cited by9 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- Wright v. Southwestern RailroadSupreme Court of Georgia · 1880
- Douglas v. City of FargoNorth Dakota Supreme Court · 1904
- City of Lancaster v. PopeCourt of Appeals of Kentucky · 1913
- Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1881
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