Legal Opinion

Huff v. Winona & St. Peter Railroad

Supreme Court of Minnesota

Decided January 15, 1866PublishedCited by 6 opinions

This action was commenced in the District Court for Winona county. The. allegations of the complaint are substantially as follows: That the Territory of Minnesota, by an act of its Legislature, incorporated the Transit Railroad Company, giving said company the rights and franchises usually given to such corporations, including the right and power to contract debts, to sue and be sued; that the right to amend and modify said act was reserved to the State; “ that the State of…

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This action was commenced in the District Court for Winona county. The. allegations of the complaint are substantially as follows: That the Territory of Minnesota, by an act of its Legislature, incorporated the Transit Railroad Company, giving said company the rights and franchises usually given to such corporations, including the right and power to contract debts, to sue and be sued; that the right to amend and modify said act was reserved to the State; “ that the State of Minnesota, by an act of its Legislature, entitled ‘ An act to facilitate the construction of a railroad from Winona…

1Opinion of the Court

By the Covrt

"Wilson, Ch. J.

Tbe Legislature of Minnesota, by an act approved March 3d, 1855, incorporated tbe Transit Railroad Company, conferring on it power to sue and be sued, contract and be contracted with, and authorizing and empowering it to build and operate a railroad westerly from Winona to tbe Minnesota River. Tbe company, having organized under tbe charter, by its bond duly executed in March 1858, bound itself to pay to tbe plaintiff tbe sum of $19,500, and interest, on or before tbe third day of April, 1859, on which bond this suit is brought.

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2Cited by6 opinions

  1. Ames v. Lake Superior & Mississippi RailroadSupreme Court of Minnesota · 1875
  2. Wilson v. Northern Pacific RailroadSupreme Court of Minnesota · 1879
  3. Fleming v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1880
  4. Williams v. Milwaukee Industrial Exposition Ass'nWisconsin Supreme Court · 1891
  5. State v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1875

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