Brown v. Wyandotte & Southeastern Railway Co.
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Leland Leatherman, Judge. STATEMENT BY THE COURT. This suit was brought by the Wyandotte & Southeastern Bailway Company to condemn a right of way over a logging road owned mainly by J. IT. Hamlin & Son, in which. Joseph Brown also had an interest. Hamlin & Son and Joseph Brown were made defendants, and also Mrs. Brown, the wife of Joseph Bi’own. Hamlin & Son answered, and asked that their rights under the contract with Brown be protected.
Read the full summary
Appeal from Garland Chancery Court. Leland Leatherman, Judge. STATEMENT BY THE COURT. This suit was brought by the Wyandotte & Southeastern Bailway Company to condemn a right of way over a logging road owned mainly by J. IT. Hamlin & Son, in which. Joseph Brown also had an interest. Hamlin & Son and Joseph Brown were made defendants, and also Mrs. Brown, the wife of Joseph Bi’own. Hamlin & Son answered, and asked that their rights under the contract with Brown be protected. Brown answered, denying the corporate existence of the Wyandotte & Southeastern Railway Company; denying that it had…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The counsel for the appellant Brown insist in their brief that there were not one thousand dollars per mile subscribed as stock in the railroad before the articles of incorporation were filed, and that this, being a condition precedent to the legal existence of the corporation, is fatal, and that the Wyandotte & Southeastern Railway Company never existed as a legal corporation, and therefore had no power to exercise the right of eminent domain. We understand this to be-the gist of the argument on 1 his point. The chancellor found that one thousand dollars…
2Cases cited8 opinions
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- Railway Co. v. PettySupreme Court of Arkansas · 1893
- Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
- Briggs v. Cape Cod Ship Canal Co.Massachusetts Supreme Judicial Court · 1884
- Mississippi, Ouachita & Red River R. R. v. CrossSupreme Court of Arkansas · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Leach v. SmithSupreme Court of Arkansas · 1917
- Daily v. MarshallMontana Supreme Court · 1913
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- Hinkle v. BroadwaterSupreme Court of Arkansas · 1905
12 more not listed; retrieve them via the Exa API.