Legal Opinion

Atlantic, Tennessee & Ohio Railroad v. Commissioners of Mecklenburg

Supreme Court of North Carolina

Decided October 15, 1882PublishedCited by 3 opinions

Motion by plaintiff company for an injunction heard at January Special Term,. 1882, of Mecklenbukg Superior Court, before JBennetí, J. The court refused to grant the motion, and dissolved the restraining order theretofore made, and the plaintiff appealed.

1Opinion of the CourtSmith, C. J.

The case presents the question whether the plaintiff company is liable to be assessed for state and county taxation upon the value of its corporate franchise and roadbed ; and the facts set out in the complaint and answer, used as affidavits on the motion for-an interlocutory injunction,, and the only evidence- in the case, are as follows:

The genera] assembly of Tennessee in February,' 1852, passed an act incorporating the Atlantic, Tennessee and Ohio railroad company, for the purpose of constructing a railroad from the waters of the Atlantic to the Ohio river, traversing the states of'North…

2Cases cited5 opinions

  1. Belo v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1880
  2. Wilmington, Columbia & Augusta Railroad v. Board of CommissionersSupreme Court of North Carolina · 1875
  3. Richmond & Danville R. R. v. BrogdenSupreme Court of North Carolina · 1876
  4. Bank (First National) v. City of CharlotteSupreme Court of North Carolina · 1881
  5. Richmond & Danville Railroad v. Commissioners of AlamanceSupreme Court of North Carolina · 1881

3Cited by3 opinions

  1. Edwards v. . PhiferSupreme Court of North Carolina · 1897
  2. Cheraw & Salisbury Railroad v. Commissioners of AnsonSupreme Court of North Carolina · 1883
  3. R. R. Co. v. . CommissionersSupreme Court of North Carolina · 1883

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