Rome & Decatur Railroad v. Sibert
Supreme Court of Alabama
Appeal from Etowali Chancery Court. Heard before Hon. 8. K MoSpadden. W. J. Sibert and others filed their petition in a cause pending, praying that certain moneys paid by them as sureties on the appeal bonds in proceedings to condemn a right of way for the Rome & Decatur Railroad Company, be repaid to them out of funds in the hands of the receiver of said road, which petition was granted by the court.
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Appeal from Etowali Chancery Court. Heard before Hon. 8. K MoSpadden. W. J. Sibert and others filed their petition in a cause pending, praying that certain moneys paid by them as sureties on the appeal bonds in proceedings to condemn a right of way for the Rome & Decatur Railroad Company, be repaid to them out of funds in the hands of the receiver of said road, which petition was granted by the court. R. A. D. Dunlap, Register in Chancery, also filed his petition in the same cause praying to be allowed the sum of $2,235.50 commissions on the sale of the railroad, which railroad was sold in…
1Opinion of the CourtStone, C. J.
— The Rome & Decatur Railroad Company was incorporated both in Georgia and Alabama. The purpose of the corporators was to construct and operate a railroad from Rome in the State of Georgia to Decatur in Alabama. Before entering upon the work of constructing the road, the corporate authorities issued bonds, and executed a mortgage to secure the payment of those bonds. That mortgage conveyed their corporate franchise, and all the property of every kind then owned by the corporation, or which it might afterwards acquire in the course of its construction. A bill was filed in the State of Georgia,…
2Cases cited11 opinions
- Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carter v. MitchellSupreme Court of Alabama · 1932
- Purcell v. SewellSupreme Court of Alabama · 1931
- Hughes v. HowellSupreme Court of Alabama · 1907
- Henry v. WhiteSupreme Court of Alabama · 1932
- Snellings v. Builders' Supply Co.Supreme Court of Alabama · 1934
6 more not listed; retrieve them via the Exa API.