Louisville & N. R. Co. v. Smith
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Alabama. The appellant, a Kentucky corporation (complainant below), brought this suit against Mrs. M. E. Smith and 14 others, appellees (defendants below), all citizens of Alabama. The averments and purpose of the bill are sufficiently shown in the opinion. The defendants demurred to the bill, making the objections which are stated and discussed in the opinion.
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Appeal from the Circuit Court of the United States for the Northern District of Alabama. The appellant, a Kentucky corporation (complainant below), brought this suit against Mrs. M. E. Smith and 14 others, appellees (defendants below), all citizens of Alabama. The averments and purpose of the bill are sufficiently shown in the opinion. The defendants demurred to the bill, making the objections which are stated and discussed in the opinion. The circuit court.sustained the demurrers and dismissed the bill, and its decision and decree are assigned as error.
1Opinion of the Court
SHELBY, Circuit Judge.
1. It is shown by the bill that on December 19, 1853, the Legislature of Alabama passed “An act to incorporate the Tennessee and Alabama Central Railroad Company.’' Acts 1853-54, p. 298. The act provided that the railroad to be built should extend from Montevallo, in Shelby county, Ala., through the town of Decatur, crossing the Tennessee river; thence through Limestone county to some point on the boundary line between Alabama and Tennessee, and there to connect with other railroads. The charter authorized the company to contract for and receive conveyances for the right…
2Cases cited35 opinions
- Waite v. Santa CruzSupreme Court of the United States · 1902
- Scott v. DonaldSupreme Court of the United States · 1897
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Walter v. Northeastern RailroadSupreme Court of the United States · 1893
- Gibson v. ShufeldtSupreme Court of the United States · 1887
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3Cited by24 opinions
- Elliott v. Empire Natural Gas Co.Court of Appeals for the Eighth Circuit · 1925
- M. J. Alfonso v. Hillsborough County Aviation Authority and Najeeb Halaby, Administrator of the Federal Aviation AgencyCourt of Appeals for the Fifth Circuit · 1962
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Board of Trade of City of Chicago v. Cella Commission Co.Court of Appeals for the Eighth Circuit · 1906
- Commodores Point Terminal Co. v. HudnallDistrict Court, S.D. Florida · 1922
19 more not listed; retrieve them via the Exa API.