State ex rel. Nolan v. Montana Railway Co.
Montana Supreme Court
Original proceeding by the State of Montana, at the relation of C. B. Nolan, attorney general, against the Montana Railway Company and the Butte, Anaconda & Pacific RailwajCompany, corporations.
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Original proceeding by the State of Montana, at the relation of C. B. Nolan, attorney general, against the Montana Railway Company and the Butte, Anaconda & Pacific RailwajCompany, corporations. Citing Section 6, Article 15, of the State Constitution; Sections 912 and 923, Civil Code; Beach on Railways, Section 535; State v. Atchison Railway Go., 24 Neb. 143; Langdon v. Branch, 37 Fed. 463. (After citing other cases and statutes.) Therefore we enter upon the main discussion of this case with the preliminary proposition established that section 923 is the law applicable to the subject, and…
1Opinion of the CourtHunt, J.
The attorney general has instituted this proceeding as an original one in this court, to have declared invalid and of no force and effect a certain contract of lease entered into between the Montana Railway Company and the *224Butte, Anaconda & Pacific Railway Company. Both of these ralroad corporations are organized under the laws of this state, and operate railroads within Montana. The terms of the lease are substantially as follows: The Montana Railway Company leases to the Butte, Anaconda & Pacific Railway Company all the railway, including lands, right of way, buildings, tracks, turntables,…
2Cases cited11 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
- State ex rel. Aachen & Munich Fire Insurance v. RotwittMontana Supreme Court · 1895
- State ex rel. Leese v. Atchison & Nebraska RailroadNebraska Supreme Court · 1888
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3Cited by9 opinions
- Fulmer v. Board of Railroad CommissionersMontana Supreme Court · 1934
- Graeser v. Phoenix Finance Co.Supreme Court of Iowa · 1934
- Ramsey v. HicksIndiana Court of Appeals · 1909
- Cadman Memorial Congregational Society v. KenyonNew York Supreme Court · 1950
- Commonwealth ex rel. Breathitt v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1911
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