Legal Opinion

March v. Eastern Railroad

Supreme Court of New Hampshire

Decided June 15, 1862PublishedCited by 2 opinions

In Equity. Tbe bill is stated in 40 N. H. 548. Answers were filed ánd evidence taken, and tbe case was beard on tbe bill, answers and proofs. Many of tbe allegations in tbe bill wTere admitted, sucb as tbe due incorporation of both roads, tbe lease of tbe New-Hampsbire road, and tbe terms of that lease, &c. Other allegations of tbe bill were admitted with some qualification, and others denied.

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In Equity. Tbe bill is stated in 40 N. H. 548. Answers were filed ánd evidence taken, and tbe case was beard on tbe bill, answers and proofs. Many of tbe allegations in tbe bill wTere admitted, sucb as tbe due incorporation of both roads, tbe lease of tbe New-Hampsbire road, and tbe terms of that lease, &c. Other allegations of tbe bill were admitted with some qualification, and others denied. Tbe facts, so far as they are necessary, are here briefly stated; when material, they are more fully stated in tbe opinion. Tbe Eastern Railroad in New-Hampsbire (which will be designated as tbe…

1Opinion of the CourtSargent, J.

It is claimed in the answers that the amount of stock owned by the plaintiffs is much less than is alleged in the bill. But we find among the evidence a paper agreed to by the parties admitting that the original plaintiffs, and those who have since come in, now own, or did when the case was heard, five hundred and sixty-six shares, which is sufficient for all practical purposes. It is not denied that all the original plaintiffs were owners of stock when they filed their bill, and it appears by said agreed statement that all so remained except March and Haven, and there is no evidence that the…

2Cases cited4 opinions

  1. Stevens v. Rutland & Burlington RailroadSupreme Court of Vermont · 1851
  2. Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
  3. Middlesex Turnpike Corp. v. SwanMassachusetts Supreme Judicial Court · 1813
  4. Macedon & Bristol Plank Road Co. v. LaphamNew York Supreme Court · 1854

3Cited by2 opinions

  1. Morrison v. St. Anthony Hotel, San AntonioCourt of Appeals of Texas · 1956
  2. Morrison v. St. Anthony Hotel, San AntonioCourt of Appeals of Texas · 1956

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