Legal Opinion

State v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided January 25, 1877PublishedCited by 15 opinions

On agreed statement oe eacts sufficiently appearing in the . . opinion. r Debt to recover a state tax. Piea nil debet, with a brief statement that the statute, by authority of which the. tax was assessed, is in conflict with the provision of their charter and of the constitution of this state and of the United States in this, that it impairs the obligation of the contract in their charter.

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On agreed statement oe eacts sufficiently appearing in the . . opinion. r Debt to recover a state tax. Piea nil debet, with a brief statement that the statute, by authority of which the. tax was assessed, is in conflict with the provision of their charter and of the constitution of this state and of the United States in this, that it impairs the obligation of the contract in their charter. I. The Maine Central Railroad Company was originally formed by the consolidation of the Androscoggin & Kennebec, and the Penobscot & Kennebec Railroad Companies. The charters of these two companies are…

1Opinion of the CourtAppleton, C. J.

This is an action of debt to recover of the defendant corporation a tax duly assessed upon its “corporate *491franchise” in accordance with the provisions of c. 258, of the laws of 1874, and c. 115, of the laws of 1876.

The defendant corporation is composed of what were originally five several railroad corporations. It is the result of two consolidations.

The Androscoggin & Kennebec Kailroad Company was incorporated March 28,1845, and was afterwards organized, and constructed its railroad from Waterville to Danville.

The Penobscot & Kennebec Railroad Company was incorporated April 7, 1845, was…

2Cases cited13 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
  3. Tucker v. FergusonSupreme Court of the United States · 1875
  4. Morgan v. LouisianaSupreme Court of the United States · 1876
  5. Holyoke Co. v. LymanSupreme Court of the United States · 1873

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3Cited by15 opinions

  1. Mobile & Montgomery Railway Co. v. Steiner, McGehee &. Co.Supreme Court of Alabama · 1878
  2. In Re the Probate of the Will of TurnerNew York Court of Appeals · 1913
  3. Trustees of University of Wyoming v. EadieWyoming Supreme Court · 1936
  4. Pingree v. Michigan Central RailroadMichigan Supreme Court · 1898
  5. People v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1892

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