Texas & Pacific Railway Co. v. Marshall
Supreme Court of the United States
APPEALS PROM THE CIRCUIT COURT OP THE' UNITED STATES POR THE EASTERN DISTRICT OP TEXAS. The court stated the case as follows: These are appeals from a decree of the Circuit Court of the United States for the Eastern District of Texas.
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APPEALS PROM THE CIRCUIT COURT OP THE' UNITED STATES POR THE EASTERN DISTRICT OP TEXAS. The court stated the case as follows: These are appeals from a decree of the Circuit Court of the United States for the Eastern District of Texas. The suit was originally brought by the city of Marshall in the court of the Fourth Judicial District of the State of Texas against the Texas and Pacific Railway ■ Company,' and was afterwards removed by that company' into the Circuit Court of the United States for the Eastern District of Texas.. The suit was a bill in chancery which sought relief for a violation…
1Opinion of the Court
Mr. Justice Miller,
after stating the ease, delivered the ■ opinion of the court.
As regards the appeal of the railway company, two principal questions are presented. The first of these is, was there a valid contract that the corporation should not only establish its eastern terminus at Marshall City and put up there,the depot buildings and machine shops, car works, etc., included in the contract, but should keep them there perpetually? Second, if this were so, is it a contract which a court of chancery' should enforce ?
If it were not for the word “ permanent,” as found in the communication of…
2Cases cited2 opinions
- Mead v. BallardSupreme Court of the United States · 1869
- Poet Clinton Railroad v. Cleveland & Toledo RailroadOhio Supreme Court · 1862
3Cited by173 opinions
- Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
- Joy v. St. LouisSupreme Court of the United States · 1891
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Karnuth v. United States Ex Rel. AlbroSupreme Court of the United States · 1929
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
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