New Orleans, St. Louis & Chicago Railroad v. State
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. Hon. William Breck, Chancellor. This is the case formerly before this court, on appeal from the decree oyerruling a demurrer to the bill, and the decision •of which is reported in 46 Miss., 157. The decree overruling the demurrer having been affirmed, an answer was put "in' which does not vary the case from that presented by the bill, but is an ingenious argument to justify the payments made •and prevent recovery by the…
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Appeal from the Chancery Court of Madison County. Hon. William Breck, Chancellor. This is the case formerly before this court, on appeal from the decree oyerruling a demurrer to the bill, and the decision •of which is reported in 46 Miss., 157. The decree overruling the demurrer having been affirmed, an answer was put "in' which does not vary the case from that presented by the bill, but is an ingenious argument to justify the payments made •and prevent recovery by the state. Evidence was taken to ■ show in what currency the payments were made, and that it was out of the power of defendant to…
1Opinion of the CourtTarbell, J.
The Mississippi Central Eailroad Company was incorporated by act of the legislature, approved March 10, 1852. Laws 1852, p. 65.
On March 7, 1856, an act was approved, entitled “An act to provide for the payment of interest on the Chickasaw school fund, and for other purposes.” Laws, 1856, p. 145.
By the provisions of this act(§ 14) it was made the duty of the auditor of public accoixnts to loan to the several railroads therein named an. amount equal to all moneys in the state treasury arising from the sale or lease of the Chickasaw school lands, to the extent of $400,000. This loan was directed…
2Cases cited4 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Thomas v. TaylorMississippi Supreme Court · 1869
- Huntington v. TexasSupreme Court of the United States · 1873
- Mississippi Central Railroad v. StateMississippi Supreme Court · 1871