Legal Opinion

Hill v. Railroad

Supreme Court of North Carolina

Decided December 22, 1906Published

AotioN by W. E. Hill and others against the Atlantic and North Carolina Railroad Company and another, heard by Judge B. F. Long, at the February Term, 1906, of the Superior Court of CbaveN. This suit was brought by the plaintiffs to annul the lease of the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, now the Atlantic and North Carolina Company, one of the defendants.

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AotioN by W. E. Hill and others against the Atlantic and North Carolina Railroad Company and another, heard by Judge B. F. Long, at the February Term, 1906, of the Superior Court of CbaveN. This suit was brought by the plaintiffs to annul the lease of the Atlantic and North Carolina Railroad Company to the Howland Improvement Company, now the Atlantic and North Carolina Company, one of the defendants. The action was commenced in the name of W. E. Hill in behalf of himself and all other stockholders of the Atlantic and North Carolina Railroad Company. C. E. Eoy and the Board of Commissioners…

1Opinion of the Court

WalKEei, J.,

after stating tbe facts: Tbe plaintiffs seek in tbis action to set aside tbe lease made by tbe Atlantic and North Carolina Railroad Company to tbe Howland Improvement Company, which has been succeeded by tbe Atlantic and North Carolina Company, which latter company is now fully vested with all of its rights and interests under tbe said lease. It is asserted that the lease is void upon several grounds: 1. Because tbe meeting of tbe railroad company, at which authority was given to execute tbe lease, was not called according to tbe provisions of its charter, in that tbe requisite…

2Cases cited41 opinions

  1. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  2. Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
  3. Douglass v. County of PikeSupreme Court of the United States · 1880
  4. Chicago v. SheldonSupreme Court of the United States · 1870
  5. Louisiana v. PilsburySupreme Court of the United States · 1882

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