Carolina, Clinchfield & Ohio Railway v. McCown
Supreme Court of South Carolina
Petition in the original jurisdiction of this Court by Caro- . lina, Clinchfield and Ohio Railway, George L. Carter, Archer A. Phlegar and William H. Lyles, for writ of mandamus to require R. M. McCown, as.Secretary of State, to file their petition and issue to them a charter to build a railroad in this State.
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Petition in the original jurisdiction of this Court by Caro- . lina, Clinchfield and Ohio Railway, George L. Carter, Archer A. Phlegar and William H. Lyles, for writ of mandamus to require R. M. McCown, as.Secretary of State, to file their petition and issue to them a charter to build a railroad in this State. The case was first heard before this Court on October 12, 1909. But the Court being divided, it was ordered to be reargued before the Court en banc on November 27, 1909. Messrs. Byrne, Powell and Lyles & Lyles, cite: As to the construction of the statute: 48 S. C., 49; 64 S. C., 139,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an application to the Court, in the exercise of its original jurisdiction, for a writ of mandamus, requiring the Secretary of State to accept and file a copy of the charter of the Carolina, Clinchfield and Ohio Railway, and to issue to the petitioners a charter under section 1 of an act entitled “An act to amend sections 1, 3 and 6 of an act entitled ‘An act to provide the manner in which owners or projectors of any railroad companies, incorporated under the laws of other States or countries, may become incorporated in this…
2Cases cited4 opinions
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- State ex rel. Southern Railway Co. v. TompkinsSupreme Court of South Carolina · 1896
- Wilson v. Southern Ry. Co.Supreme Court of South Carolina · 1900
- Calvert v. Southern Ry. Co.Supreme Court of South Carolina · 1900
3Cited by1 opinion
- Carolina & N. W. Ry. Co. v. Town of CloverDistrict Court, W.D. South Carolina · 1929