S. & A. Railroad v. Ezell

The opinion of the court was delivered by

McIvee, A. J.

The three cases above stated, presenting the same state of facts, and governed by the same principles of law, were tried together on Circuit and will be- considered together here.

They were actions brought by the plaintiff to recover the amounts of the subscriptions alleged to have been made by the defendants to the capital stock of the Spartanburg and Asheville Eailroad Company. That company was chartered by an act passed February 20th, 1873, (15 Stat. 346), which, in its first *282section, declared that certain persons therein named, together…