Spencer v. Railroad
Supreme Court of North Carolina
ActioN by E. P. Spencer and another against tbe Seaboard Air Line Eailway Company and another, heard by Judge George II. Brown, Jr., at February Term, 1904, of the Superior Court of Wake County. This is an appeal by the plaintiffs from a judgment upon a demurrer ore terms at. the October Term, 1904, of the Superior Court of Wake County.
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ActioN by E. P. Spencer and another against tbe Seaboard Air Line Eailway Company and another, heard by Judge George II. Brown, Jr., at February Term, 1904, of the Superior Court of Wake County. This is an appeal by the plaintiffs from a judgment upon a demurrer ore terms at. the October Term, 1904, of the Superior Court of Wake County. The feme plaintiff, Ida T. Spencer, alleged that she was the owner of seven shares of stock in the defendant corporation, the Ealeigh and Gaston Eailroad Company, of the par value of one hundred dollars each; that she acquired the said stock in 1887 and has…
1DissentDouglas, J.
The plaintiff attacks the validity of the contract of consolidation or merger whereby the Raleigh and Gaston Railroad Company, together with a number of other companies owning and controlling connecting lines, became a part of the Seaboard Air Line system, upon several grounds which it will be convenient to consider in the order in which they are discussed in the very excellent brief of her counsel. It is, of course, conceded that as the cause was disposed of by his Honor in the Superior Court and is before us upon a motion to dismiss as upon a demurrer ore tenus, every allegation made in the…
2Cases cited8 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Clearwater v. MeredithSupreme Court of the United States · 1864
- Raleigh & Gaston Rail Road v. DavisSupreme Court of North Carolina · 1837
- North Carolina v. Carolina Central Railway Co.Supreme Court of North Carolina · 1880
- McCray v. Junction RailroadIndiana Supreme Court · 1856
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