Ex parte Selma & Gulf Railroad
Supreme Court of Alabama
This was an application to this court, by petition, on the part of the Selma & Gulf railroad company, for a writ of mandamus, to be directed to the court of county commissioners of Dallas county.
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This was an application to this court, by petition, on the part of the Selma & Gulf railroad company, for a writ of mandamus, to be directed to the court of county commissioners of Dallas county. The petition shows that, under the provisions of the “ act to authorize the several counties, towns and cities of the State of Alabama to subscribe to the capital stock of such railroads, throughout the State, as they may consider most conducive to their respective interests,” approved December 31, 1868, the Selma & Gulf railroad company, by its president and a majority of its directors, submitted a…
1Opinion of the Court
PETERS, <T.
A primary question in this case is, the constitutional validity of the law under which the people of the county of Dallas acted in the matter set forth in the *725complainant’s petition, in the court below. This depends, in the first instance, upon the power of the legislature of the State to create corporations ; and in the second place, the power to bestow upon such corporations as it may create, the authority to contract debts, or obligations in the nature of debts. If these questions are affirmatively answered, as it seems to me they must be, then one of the chief difficulties in…
2Cases cited16 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Fletcher v. PeckSupreme Court of the United States · 1810
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
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3Cited by30 opinions
- Kirby v. StateSupreme Court of Alabama · 2004
- Moog v. RandolphSupreme Court of Alabama · 1884
- Opinion of the JusticesSupreme Court of Alabama · 1950
- E.H.G. v. E.R.G.Supreme Court of Alabama · 2011
- Birmingham-Jefferson Civic Ctr. Auth. v. City of BirminghamSupreme Court of Alabama · 2005
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