Hazlehurst v. Savannah, Grippin & North Alabama Railroad
Supreme Court of Georgia
Equity. Injunction. Corporations. Ultra Vires, etc. Before Judge Cole. Chambers.. Bibb County. March, 1871. This cause was begun in Bibb county by a bill, the principal averments of which were as follows: The Savannah, Griffin and North Alabama Railroad Company, incorporated by the Legislature of the State of Georgia, for the purpose of constructing, building, equipping and running a railroad from the city of Griffin, in the county of Spalding, to some point on the line of…
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Equity. Injunction. Corporations. Ultra Vires, etc. Before Judge Cole. Chambers.. Bibb County. March, 1871. This cause was begun in Bibb county by a bill, the principal averments of which were as follows: The Savannah, Griffin and North Alabama Railroad Company, incorporated by the Legislature of the State of Georgia, for the purpose of constructing, building, equipping and running a railroad from the city of Griffin, in the county of Spalding, to some point on the line of the State of Alabama, in the county of Carroll; and which road, is now in actual course of construction, with a roadway…
1Opinion of the Court
McCay, Judge.
1. We think the Judge was right in overruling the demurrer. There is clearly equity in the bill. There is a distinct charge of fraud and combination between Mr. Hazlehurst and the contractors, in the receipt of the road in an unfinished condition, and in the issue, without authority and fraudulently, of common stock. There is also equity in the prayer that the directors shall be restrained from purchasing the shares in the Macon and Western Bailroad. But overruling the demurrer is one thing and granting the injunction is another. Judge Cole has, as we think, properly restrained…
2Cases cited3 opinions
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Mott v. United States Trust Co.New York Supreme Court · 1855
- DeGroff v. American Linen Thread Co.New York Supreme Court · 1865
3Cited by34 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Alexander v. SearcySupreme Court of Georgia · 1889
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
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