Legal Opinion

Hawkinsville & Florida Southern Railway Co. v. Waycross Air-Line Railroad

Supreme Court of Georgia

Decided November 16, 1901PublishedCited by 2 opinions

Petition for injunction. Before Judge Roberts. Irwin superior court. September 11, 1901. cited, (1) as to the power of the General Assembly to grant a special charter to the defendant: Civil Code, § 5732; Acts 1880-1, p. 156; Maxwell v. Tumlin, 79 Ga. 570; Mathis v. Jones, 84 Ga. 804; Mattox v. Knox, 96 Ga. 403; Sasser v. Martin, 101 Ga. 452, 453, 454; Caldwell v. State, Id. 557; Papworthy.

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Petition for injunction. Before Judge Roberts. Irwin superior court. September 11, 1901. cited, (1) as to the power of the General Assembly to grant a special charter to the defendant: Civil Code, § 5732; Acts 1880-1, p. 156; Maxwell v. Tumlin, 79 Ga. 570; Mathis v. Jones, 84 Ga. 804; Mattox v. Knox, 96 Ga. 403; Sasser v. Martin, 101 Ga. 452, 453, 454; Caldwell v. State, Id. 557; Papworthy. State, 103 Ga. 36; Bagley v. State, Id. 388; Ay code v. Rutledge, 104 Ga. 533 ; Union Savings Bank v. Eottenheim, 107 Ga. 618; Benning v. Smith, 108 Ga. 259 ; Jones v. McCaskill, 112 Ga. 453. (2) As to the…

1Opinion of the CourtSimmons, C. J.

In 1887 the legislature incorporated the Way-cross Air-Line Railroad Company, and amended the charter in 1889 and 1891. Prior to that time the legislature had passed what is commonly known as a “general law” for the incorporation of railroad companies. This law was amended from time to time, and finally was placed in the Code of 1895. In 1896 the Hawkinsville and Florida Southern Railroad Company was incorporated under this general law. In speaking of these two corporations in this opinion they will hereafter be designated as the “ Waycross ” company and the “Hawkinsville” company. The…

2Cases cited3 opinions

  1. Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
  2. Fullington v. WilliamsSupreme Court of Georgia · 1896
  3. County of Pulaski v. Thompson & Co.Supreme Court of Georgia · 1889

3Cited by2 opinions

  1. Morrison v. CookSupreme Court of Georgia · 1917
  2. Green v. FreemanSupreme Court of Georgia · 1906

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