State ex rel. Leese v. Atchison & Nebraska Railroad
Nebraska Supreme Court
Original information in quo warranto. 1. The charter of a railroad corporation is the law of our state and the articles of incorporation made thereunder, and is the measure of its power, and the enumeration of those powers implies the exclusion of all others. And the leasing of its franchise and the conveyance of all its property to a competing railroad corporation is beyond the powers of this corporation, and is a willful act of misuser and against public policy. Penn.
Read the full summary
Original information in quo warranto. 1. The charter of a railroad corporation is the law of our state and the articles of incorporation made thereunder, and is the measure of its power, and the enumeration of those powers implies the exclusion of all others. And the leasing of its franchise and the conveyance of all its property to a competing railroad corporation is beyond the powers of this corporation, and is a willful act of misuser and against public policy. Penn. B. B. Co. v. St. Louis, etc., B. B. Co., 24th American & Eng. R. R. Cases, pp. 69 and 72. Thomas v. B. B. Co., 101 U. S.,…
1Opinion of the CourtMaxwell, J.
This is an original action brought in this court by the attorney general to oust the defendant from its franchises. The attorney general alleges in the information that, “ On the 25th day of April, a.d. 1871, articles of incorporation were duly filed in the office of the secretary of state of Nebraska by A. J. Cropsey, A. A. Egbert, T. E. Calvert, George Morrison, and O. Chanute, duly incorporating, under the laws of the state of Nebraska, the Atchison, Lincoln & Columbus Railroad Company. The object and purpose of this company was to construct, maintain, and operate a line of railroad, with…
2Cases cited3 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
3Cited by20 opinions
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Eel River Railroad v. State ex rel. KistlerIndiana Supreme Court · 1900
- State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913
- State ex rel. Johnson v. Consumers Public Power DistrictNebraska Supreme Court · 1942
- East St. Louis Connecting Ry. Co. v. JarvisCourt of Appeals for the Seventh Circuit · 1899
15 more not listed; retrieve them via the Exa API.