Ohio & Mississippi Railroad v. Weber
Illinois Supreme Court
Appeal from the Circuit Court of Clay county; the Hon. James C. Allen, Judge, presiding. This was a suit instituted by the Ohio and Mississippi Eailway Company, to restrain the collection of the taxes extended on the capital stock of said company, in 1875. This company was organized under the laws of Illinois, and was consolidated with two other corporations of the same name, organized, respectively, under the laws of Indiana and Ohio, to operate a line of railroad from East…
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Appeal from the Circuit Court of Clay county; the Hon. James C. Allen, Judge, presiding. This was a suit instituted by the Ohio and Mississippi Eailway Company, to restrain the collection of the taxes extended on the capital stock of said company, in 1875. This company was organized under the laws of Illinois, and was consolidated with two other corporations of the same name, organized, respectively, under the laws of Indiana and Ohio, to operate a line of railroad from East St. Louis, in Illinois, to Cincinnati, Ohio, with a branch road from North Vernon, Indiana, to Louisville, Kentucky. In…
1Opinion of the CourtJustice Dickey
Where a corporation is formed under our laws by consolidation of other corporations, (which are merged into the new corporation thus formed,) and where one of the constituent companies was incorporated under the laws of this State, the new corporation thus formed is to be considered as one of the “ companies incorporated under the laws of this State,” within the terms and meaning of the last clause of the first section of the Revenue act of March 30, 1872; and the capital stock (located or used in this State) of such corporation is subject to be assessed and taxed as such. There can be no…
2Cases cited1 opinion
- Quincy Railroad Bridge Co. v. County of AdamsIllinois Supreme Court · 1878
3Cited by15 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Smith v. DanaSupreme Court of Connecticut · 1905
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- People v. Illinois Central RailroadIllinois Supreme Court · 1916
- Burlington Northern, Inc. v. Department of RevenueAppellate Court of Illinois · 1975
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