State ex rel. Kansas City v. East Fifth Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H, Sloveb, Judge. (1) The corporation franchise may exist in full force, even though the corporation never acquires any property, or rights, and this corporate franchise is not property in the ordinary sense of the term, and can not he transferred by voluntary conveyance, or by sale under execution unless the statutes of the State so provide.
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Appeal from Jackson Circuit Court. — Hon. J. H, Sloveb, Judge. (1) The corporation franchise may exist in full force, even though the corporation never acquires any property, or rights, and this corporate franchise is not property in the ordinary sense of the term, and can not he transferred by voluntary conveyance, or by sale under execution unless the statutes of the State so provide. Angelí & Ames on Corp. [8 Ed.], secs.. 4 and 737; 1 Waterman on Corp., sec. 4; 1 Woods’ Railway Law, sec. 13; Stewart v. Jones, 40 Mo. 140; Bank v. Earle, 13 Peters (U. S.), 595; Morgan v. Louisiana, 93 U. S.…
1Opinion of the CourtBurgess, J.
This is a proceeding by the State at the relation of Kansas City, Missouri, by Marcy K. Brown, prosecuting attorney of Jackson county, Missouri, by quo warranto to oust defendants of their corporate franchises granted to them by said city by ordinances, to construct, maintain and operate a street railway on certain streets in said city, upon the ground of their failure to comply with said ordinance, and the consequent forfeiture of their franchise rights under said ordinance.
The petition alleges that the relator was on the ninth day of May> 1889, arid ever since has been, a municipal…
2Cases cited27 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- National Bank v. MatthewsSupreme Court of the United States · 1879
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- California v. Central Pacific RailroadSupreme Court of the United States · 1888
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
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3Cited by29 opinions
- Boston Elevated Railway Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- City of Huntington v. Northern Indiana Power Co.Indiana Supreme Court · 1937
- Birmingham Bar Ass'n v. Phillips & MarshSupreme Court of Alabama · 1940
- International Railway Co. v. Public Service CommissionNew York Court of Appeals · 1919
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