Reid v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by defendants from Ferguson, J., at November Term, 1912, of Wake. Civil action to obtain a permanent injunction. The action was instituted by plaintiff as stockholder of the Norfolk Southern Railroad, alleged and, for the purposes of this action, admitted to be a corporation of the State of Virginia, and certain directors of said company, and also five North Carolina railroad corporations operating under charters of this State and having their properties here.
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Appeal by defendants from Ferguson, J., at November Term, 1912, of Wake. Civil action to obtain a permanent injunction. The action was instituted by plaintiff as stockholder of the Norfolk Southern Railroad, alleged and, for the purposes of this action, admitted to be a corporation of the State of Virginia, and certain directors of said company, and also five North Carolina railroad corporations operating under charters of this State and having their properties here. The suit being to restrain said Norfolk Southern from incurring an indebtedness of $5,456,000 and executing a mortgage to…
1Opinion of the Court
Hoke, L,
after stating the case: It is well understood that our courts have not the power nor will they undertake to administer or control the internal affairs of a foreign corporation (Brenizer v. Royal Arcanum, 141 N. C., 409); and this being true, the only facts presented in this complaint which tend to establish a cause cognizable here are those which injuriously affect or threaten the chartered rights and privileges or holdings of these North Carolina companies. As a basis for/ such jurisdiction, it is alleged that the proposed merger, and incurring -the indebtedness in aid thereof, are…
2Cases cited5 opinions
- Wikel v. Board of CommissionersSupreme Court of North Carolina · 1897
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Wallace v. Town of North WilkesboroSupreme Court of North Carolina · 1910
- Brenizer v. Royal Arcanum.Supreme Court of North Carolina · 1906
- Corporation Commission v. Seaboard Air Line SystemSupreme Court of North Carolina · 1900
3Cited by22 opinions
- Martin v. North Carolina Housing CorporationSupreme Court of North Carolina · 1970
- Benvenue Parent-Teacher Ass'n v. Nash County Board of EducationSupreme Court of North Carolina · 1969
- Kornegay v. . GoldsboroSupreme Court of North Carolina · 1920
- Madison Cablevision, Inc. v. City of MorgantonSupreme Court of North Carolina · 1989
- Bland v. City of WilmingtonSupreme Court of North Carolina · 1971
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