Legal Opinion

Wilmington & Weldon Railroad v. Alsbrook

Supreme Court of the United States

Decided December 5, 1892No. 1,074PublishedCited by 58 opinions

ERROR TO THE SUPREME COURT OE THE STATE OE NORTH CAROLINA. . This was an action brought in the Superior Court of Halifax County, North Carolina, by the Wilmington and Weldon Eailroad Company, to restrain the sheriff of that'county from collecting certain taxes assessed on so much of a branch road of the plaintiff, known as the Scotland Neck branch, as lay therein, and on that part of the plaintiff’s road which formerly constituted the Halifax and Weldon Eailroad, and the…

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ERROR TO THE SUPREME COURT OE THE STATE OE NORTH CAROLINA. . This was an action brought in the Superior Court of Halifax County, North Carolina, by the Wilmington and Weldon Eailroad Company, to restrain the sheriff of that'county from collecting certain taxes assessed on so much of a branch road of the plaintiff, known as the Scotland Neck branch, as lay therein, and on that part of the plaintiff’s road which formerly constituted the Halifax and Weldon Eailroad, and the rolling stock used with said roads. The plaintiff was incorporated under an act of the general assembly of North Carolina,…

1Opinion of the CourtChief Justice Fuller

The jurisdiction of this court is questioned upon the ground that the decision of the Supreme Court of Iforth Carolina conceded the validity of the contract of exemption contained, in the act of 1834, but denied that particular property was embraced by its terms; and that, therefore, such decision did not involve a Federal question.

In arriving at its conclusions, however, the state court gave effect to the revenue law of 1891, and held that the contract did not confer the right of exemption from its operation. If it did, its obligation was impaired by the subsequent law, and as the inquiry…

2Cases cited12 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
  3. Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
  4. Morgan v. LouisianaSupreme Court of the United States · 1876
  5. Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876

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3Cited by58 opinions

  1. General Oil Co. v. CrainSupreme Court of the United States · 1908
  2. McCullough v. VirginiaSupreme Court of the United States · 1898
  3. W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934
  4. Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
  5. New Mexico v. United States Trust Co.Supreme Court of the United States · 1898

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