Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.
Supreme Court of Georgia
Equitable petition, etc. Before Judge Gamble. Bibb superior court. November term, 1893. This litigation was begun by petition in the nature of a creditors’ bill filed by J. S. McTighe & Co. against the Georgia Southern & Florida Railroad Co., the Macon Construction Co., and others; under which petition a receiver of the defendant companies was appointed.
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Equitable petition, etc. Before Judge Gamble. Bibb superior court. November term, 1893. This litigation was begun by petition in the nature of a creditors’ bill filed by J. S. McTighe & Co. against the Georgia Southern & Florida Railroad Co., the Macon Construction Co., and others; under which petition a receiver of the defendant companies was appointed. Numerous interventions were filed, among them that of the Mercantile Trust & Deposit Company of Baltimore, trustee for the bondholders of the Georgia Southern & Florida Railroad Co., asking for foreclosure of the mortgages given to secure the…
1Opinion of the Court
Lumpkin, Justice.
The controlling questions presented in these cases are-indicated in the head-notes. How these questions arose-will appear from an examination of the reporter’s statement.
We have not decided, and will not discuss, whether or not a special charter granted by the General Assembly to-a railroad company after the passage of the general law for the incorporation of railroad companies is unconstitutional and therefore void. Among many good reasons-which might be stated for pursuing this course, and which’would doubtless be accepted as satisfactory, we deem it sufficient to say it is…
2Cases cited32 opinions
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- Brown v. Atlanta Railway & Power Co.Supreme Court of Georgia · 1901
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