Court : US Supreme Court
Louisville & Nashville R. Co. v. Kentucky - 161 U.S. 677 (1896) U.S. Supreme Court Louisville & Nashville R. Co. v. Kentucky, 161 U.S. 677 (1898) Louisville & Nashville Railroad Company v. Kentucky No. 722 Argued January 14-15, 1895 Decided March 30, 1896 161 U.S. 677 ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY Syllabus A power given in a charter of a railroad to connect or unite with other roads refers merely to a physical connection of the tracks, and does not authorize the purchase, or even the lease of such roads or road, or any union of franchises. Page 161 U. S. 678 The several statutes of Kentucky and of Tennessee relating to the Louisville and Nashville Railroad Company, which are quoted from or referred to in the opinion of the court, confer upon that company no general right to purchase other roads, or to consolidate with them. The union referred to in those statutes is limited to a union with a road already connected with the Louisville and Nashvill...
Tag this Judgment!Court : US Supreme Court
Farmers' Loan & Trust Co. v. Chicago &c.; Ry. Co. - 163 U.S. 31 (1896) U.S. Supreme Court Farmers' Loan & Trust Co. v. Chicago &c.; Ry. Co., 163 U.S. 31 (1896) Farmers' Loan and Trust Company v. Chicago, Portage and Superior Railway Company No. 60 Argued October 18, 21-22, 1896 Decided May 4, 1896 163 U.S. 31 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WISCONSIN Syllabus The wrongs specifically charged in the bill in this case are those which were set forth in the suit of Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Company, 151 U. S. 1 , but there is this difference between the two cases -- that in that case, the Omaha Company demurred, and on the demurrer a decree was entered against it, whereas, in this case, the Omaha Company took issue upon the charge of having committed such wrongs, and the testimony shows that it did not commit them. The act of the Legislature of Wisconsin of 1882, revoking the grant of land to the P...
Tag this Judgment!Court : Chennai
Reported in : (1897)ILR20Mad189
Collins, C.J.1. In answering this reference to the Full Bench, I intoned to follow the exact words of the reference. The question is whether the accused had, from the moment of his accusation, a right to inspect and obtain copies of the documents in question for the purpose of his defence. These documents are certain police reports including a charge sheet. The reference assumes that the documents are records of the acts of public officers submitted by them as required by law--see Sections 157, 168 and 173, Code of Criminal Procedure--and that they are public documents within the meaning of Section 74 of the Indian Evidence Act, and that any person interested in the subject-matter of a public document has a right to inspect it and under Section 76, Evidence Act, has also the right to have a copy of such document supplied to him; but that is really the point the Full Bench has to decide There appears no doubt that a person accused is a person interested in the documents referred to in S...
Tag this Judgment!Court : US Supreme Court
Compton v. Jesup - 167 U.S. 1 (1897) U.S. Supreme Court Compton v. Jesup, 167 U.S. 1 (1897) Compton v. Jesup No. 314 Argued December 4, 1896 Decided May 10, 1897 167 U.S. 1 CERTIFICATE FROM THE COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus In the course of the various proceedings, referred to in the statement of the case, below, for the foreclosure of mortgages in different states upon different railroads which constituted a part of what was known as the Wabash System, and for its reorganization, the claim of the appellant which forms the subject of this appeal was considered. His claim was for equipment bonds for equipment furnished the Ohio division. Among the proceedings was a suit in Indiana involving the question of the lien of such bonds upon the portion of the road in Indiana, in which it was decreed that there was no lien. The various proceedings resulted on the 23d of March, 1889, in a decree of foreclosure in the several circuit courts in Ohio, Indiana, and Illi...
Tag this Judgment!Court : US Supreme Court
Shapleigh v. San Angelo - 167 U.S. 646 (1897) U.S. Supreme Court Shapleigh v. San Angelo, 167 U.S. 646 (1897) Shapleigh v. San Angelo No. 287 Submitted April 26, 1897 Decided May 24, 1897 167 U.S. 646 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS Syllabus A state, being the creator of municipal organizations, is the proper party to impeach the validity of their creation, and if it acquiesces in the validity of a municipal corporation, the corporate existence thereof cannot be collaterally attacked; this rule is recognized in Texas. Page 167 U. S. 647 An absolute repeal of a municipal charter is effectual so far as it abolishes the old corporate organization, but when the same, or substantially the same inhabitants are erected into a new corporation, whether with extended or restricted territorial limits, such new corporation is treated as in law the successor of the old one, entitled to its property rights, and subject to its liabilitie...
Tag this Judgment!Court : US Supreme Court
Hubbard v. Tod - 171 U.S. 474 (1898) U.S. Supreme Court Hubbard v. Tod, 171 U.S. 474 (1898) Hubbard v. Tod No. 24 Argued April 22, 25, 1898 Decided October 17, 1898 171 U.S. 474 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus On the hearing of a case, brought by certiorari from a circuit court of appeals on petition of one of the parties, in which the judgment of that court is made otherwise final, this Court will pass only upon the errors assigned by the petitioner, and does not feel at liberty to decide whether there was error in the decree below of which the other party might have complained. Under the circumstances disclosed in the statement of the case and in the opinion of the court in this case, the Union Trust Company cannot be allowed to set up its alleged title to the stock and bonds in controversy as against third parties taking in good faith and without notice, and the same principle is applicable to its assignee, and to creditors see...
Tag this Judgment!Court : US Supreme Court
Northern Pacific Ry. Co. v. Myers - 172 U.S. 589 (1899) U.S. Supreme Court Northern Pacific Ry. Co. v. Myers, 172 U.S. 589 (1899) Northern Pacific Railway Company v. Myers No. 214 Argued October 21, 1898 Decided January 23, 1899 172 U.S. 589 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus This bill was filed to enjoin the enforcement of a tax, imposed under the laws of Montana, upon lands granted by Congress by the Act of July 2, 1864, c. 217, to the Northern Pacific Railroad Company, and acquired by the appellant on the reorganization of the company. There was a controversy as to the character of the lands taxed -- whether mineral or nonmineral. The lands have never been patented or certified to the company; the company claimed that it had only a potential interest therein, and the relief sought was that the lands be adjudged not subject to such assessment and taxation until the issue of patents therefor by the United States. It was stipulated in th...
Tag this Judgment!Court : US Supreme Court
McCain v. Des Moines - 174 U.S. 168 (1899) U.S. Supreme Court McCain v. Des Moines, 174 U.S. 168 (1899) McCain v. Des Moines No. 238 Submitted April 5, 1899 Decided May 1, 1899 174 U.S. 168 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA Syllabus It appearing on the face of the bill in this case that all the parties to this suit are citizens of Iowa, and the court being of opinion that the allegation in the bill that this is a controversy and a suit of a civil nature arising under the Constitution and laws of the United States is not only not supported by the facts appearing in the bill, but is so palpably unfounded Page 174 U. S. 169 that it constitutes not even a color for the jurisdiction of the Circuit Court, the decree below, dismissing the bill for want of jurisdiction, is affirmed. The bill in this case is filed against the City of Des Moines, its board of public works, the Des Moines Brick Manufacturing Company, and the incorp...
Tag this Judgment!Court : US Supreme Court
De la Vergne Ref. Mach. Co. v. German Savings Inst. - 175 U.S. 40 (1899) U.S. Supreme Court De la Vergne Ref. Mach. Co. v. German Savings Inst., 175 U.S. 40 (1899) De la Vergne Refrigerating Machine Company v. German Savings Institution No. 46 Argued April 7, 11, 1899 Decided November 30, 1899 175 U.S. 40 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Under the laws of the New York providing for the organization of manufacturing corporations, such corporations are not authorized to purchase the stock of a rival corporation for the purpose of suppressing competition and obtaining the management of such rival. Unless express permission be given to do so, it is not within the general powers of a corporation to purchase stock of other corporations for the purpose of controlling their management. Where an action is brought upon a contract by a corporation to purchase such stock for such purpose, it is a good defense that the corporation was prohibi...
Tag this Judgment!Court : US Supreme Court
Adirondack Ry. Co. v. New York State - 176 U.S. 335 (1900) U.S. Supreme Court Adirondack Ry. Co. v. New York State, 176 U.S. 335 (1900) Adirondack Railway Company v. New York State No. 489 Argued January 15-16, 1900 Decided February 26, 1900 176 U.S. 335 ERROR TO THE COURT OF APPEALS OF THE STATE OF NEW YORK Syllabus While the legislative power to amend or repeal a statute cannot be availed of to take away property already acquired or to deprive a corporation of fruits of contracts lawfully made already reduced to possession, the capacity to acquire land by condemnation for the construction of a railroad attends the franchise to be a railroad corporation, and, when unexecuted, cannot be held to be, in itself, a vested right surviving the existence of the franchise or an authorized circumscription of its scope. The highest court of the New York having held that there is no property in a naked railroad route in that state which the state is obliged to pay for when it needs t...
Tag this Judgment!