State v. Southern Pacific Railroad
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. Charles A. Frazer. This suit was brought by the State of Texas against the Southern Pacific Railroad Company, to forfeit its charter.
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Appeal from Harrison. Tried below before the Hon. Charles A. Frazer. This suit was brought by the State of Texas against the Southern Pacific Railroad Company, to forfeit its charter. The original petition alleged but one cause of forfeiture, viz., the failure of the company to make, for the year ending October 1st, 1855, to the comptroller of public accounts, the annual report required of all railroad companies in the state, by the 18th section of the general railroad law of February 7th, 1853; and the failure to make such report for more than three months after service upon one of its…
1Opinion of the CourtRoberts, J.
This is a suit in the nature of a quo warranto, instituted by the State of Texas against the Southern Pacific Railroad Company, claiming a forfeiture of its charter, upon various grounds specified in the petition and amended petitions. Exceptions, general and special, were filed to the petition, and sustained by the court below.
The first and most prominent objection to the action is, the want of authority on the part of the attorney-general of the state, and district attorney of the district, whose names are signed to the petition, to bring the suit in the name of the State. It is contended…
2Cases cited7 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Wallace v. AndersonSupreme Court of the United States · 1820
- Brown v. President of Penobscot BankMassachusetts Supreme Judicial Court · 1812
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3Cited by19 opinions
- State v. MooreTexas Supreme Court · 1882
- Galveston, Harrisburg & San Antonio Railway Co. v. StateTexas Supreme Court · 1891
- International & G. N. Ry. Co. v. Anderson CountyCourt of Appeals of Texas · 1915
- State v. Jefferson Iron Co.Texas Supreme Court · 1883
- State v. Sugarland Ry. Co.Court of Appeals of Texas · 1914
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