Barger v. Chesapeake & O. N. Ry.

The railway company filed its petition in the probate court of Pike county, Ohio, to condemn certain lands of the defendants through which it proposed to build its railroad. In its petition it alleged that it “is a corporation duly organized under the laws of the state of Kentucky,” and that “it is authorized as well by the laws of the state of Kentucky, and by its charter fully granted to it by the state of Ohio,' as by the laws of the state of Ohio, to appropriate lands under the statutes of the state of Ohio.”

These allegations were, denied by the defendants, and it was necessary for it to…