City of Indianola v. Gulf, Western Texas & Pacific Railway
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. T. C. Barden. The city of Indianola brought this suit. June 28, 1872' against the Gulf, Western Texas & Pacific Railway to recover upon a bond for $50,000 and interest.
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Appeal from Calhoun. Tried below before the Hon. T. C. Barden. The city of Indianola brought this suit. June 28, 1872' against the Gulf, Western Texas & Pacific Railway to recover upon a bond for $50,000 and interest. The substance of the case made by the petition was that the city of Indianola is an incorporated city; that the Indianola Railroad Company was incorporated by special act of the legislature, with its principal office at Indianola; that on the 4th day of August, 1870, the same was consolidated with the “San Antonio & Mexican Gulf Railroad Company,” under the name and style of…
1Opinion of the Court
Watts, J. Com. App.
All the questions presented by the record arise out of sustaining the railway company’s general and special exceptions to the city’s petition. These questions may be stated and considered in the following order:
First. It is claimed that the consideration for the contract sued on is illegal, for that the railway company had the right, under the law, to occupy the streets and alleys of the city as a road-bed, without paying any compensation therefor, and that the city had no power over the subject matter.
Second. That the contract was ultra vires, both as to the railway…
2Cases cited7 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- The People v. . KerrNew York Court of Appeals · 1863
- City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
- Stephenson v. Texas & Pacific Railway Co.Texas Supreme Court · 1874
- Mayor of Baltimore v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1864
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3Cited by35 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- Ex Parte SullivanCourt of Criminal Appeals of Texas · 1915
- Salem v. AnsonOregon Supreme Court · 1902
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
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