Freeo Valley Railroad v. Hodges
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; The words “any corporation,” by their terms include railroad corporations as well as any others. Kirby’s Dig., § 957. To hold that the words as used do not include railroad corporations, it would be necessary to «set aside the plain and well-known meaning of the word “any,” and add to the act as written the words, “except railroad corporations.”
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; The words “any corporation,” by their terms include railroad corporations as well as any others. Kirby’s Dig., § 957. To hold that the words as used do not include railroad corporations, it would be necessary to «set aside the plain and well-known meaning of the word “any,” and add to the act as written the words, “except railroad corporations.” This the courts can not do. 72 Ark. 201; 89 Ark. 517; 65 Mich. 244; Endlich, Interpretation of Statutes, § 22; 1 T. R. 52; 6 Moore, P. C. 1; 117 U. S. 567, 579; 88 Ark. 588; 100…
1Opinion of the CourtHart, J.
Appellant, Freeo Valley Railroad Company, is a railroad corporation organized under the laws of the State of Arkansas, and, as such, presented, to the Secretary of State a certified copy of a resolution adopted by its stockholders for the purpose of surrendering its charter, claiming that it had a right to do so under section 957, Kirby’s Digest. The Secretary of State declined to file the resolution. Appellant then filed a petition in the Pulaski Circuit Court asking for a writ of mandamus against the Secretary of State to compel him to do so. To this petition the appellee filed a demurrer,…
2Cited by8 opinions
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- North Little Rock Water Co. v. Water Works CommissionSupreme Court of Arkansas · 1940
- Railroad Commission v. Saline River Railway Co.Supreme Court of Arkansas · 1915
- State ex rel. Attorney General v. Arkansas Cotton Oil Co.Supreme Court of Arkansas · 1914
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