Carolina, Clinchfield & Ohio Railway v. McCown
Supreme Court of South Carolina
Petition in the original jurisdiction of this Court by Caro- . lina, Clinchfield and Ohio Railway, George L. Carter, Archer A. Phlegar and William H. Lyles, for writ of mandamus to require R. M. McCown, as.Secretary of State, to file their petition and issue to them a charter to build a railroad in this State.
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Petition in the original jurisdiction of this Court by Caro- . lina, Clinchfield and Ohio Railway, George L. Carter, Archer A. Phlegar and William H. Lyles, for writ of mandamus to require R. M. McCown, as.Secretary of State, to file their petition and issue to them a charter to build a railroad in this State. The case was first heard before this Court on October 12, 1909. But the Court being divided, it was ordered to be reargued before the Court en banc on November 27, 1909. Messrs. Byrne, Powell and Lyles & Lyles, cite: As to the construction of the statute: 48 S. C., 49; 64 S. C., 139,…
1Dissent
Mr. Chirr Justicr Jonrs,
dissenting. Petitioners make application in the original jurisdiction of the Court for writ of mandamus requiring respondent as Secretary of State to accept and file the copy of the charter of the Carolina, Clinchfield & Ohio Railway, tendered to him with a petition for charter and to issue to petitioners a certificate to be known as a charter as prescribed by section 1 of act of 1909, 26 Stat., 54, entitled “An Act to amend sections 1, 3 and 6 of an Act entitled, ‘An Act to provide tile manner in which owners or projectors of any railroad companies incorporated under…
2Cases cited10 opinions
- St. Louis & San Francisco Railway Co. v. JamesSupreme Court of the United States · 1896
- Allison v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Davis' Admr. v. Chesapeake & O. Ry. Co.Court of Appeals of Kentucky · 1903
- State ex rel. Southern Railway Co. v. TompkinsSupreme Court of South Carolina · 1896
- Russell v. St. Louis, Southwestern Railway Co.Supreme Court of Arkansas · 1903
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