Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 166
The following text was automatically extracted from the image on this page using optical character recognition software:
166 STEPHENSON v. T. & P. R. R. Co. [Tyler Term,
Opinion of the court.
ative, the writ is improperly brought, and should be dismissed.
The petition for the writ of error alleges that the Southern
Pacific Railroad Company has been merged in and
consolidated with the Texas and Pacific Railway Company;
and the truth of averment is satisfactorily proved with sufficient
certainty for the purposes of this writ by statutes of
the State of Texas which were exhibited to us as evidence
in support of our jurisdiction. (Const., art. V, sec. 3.)
In "'An act to encourage a speedy construction of a railway
through the State of Texas to the Pacific ocean,"
passed May 24, 1871, it is, among other matters, enacted
"that all the rights, benefits, and privileges granted and
intended to be secured by said act to the Southern Pacific
Railroad Company and to the Southern Transcontinental
Railway Company shall pass to and vest in the Texas
Pacific Railway Company, * * * * * whenever said
Soutliern Pacific Railroad Company and said Southern
Transcontinental Railway Company shall be consolidated
with said Texas Pacific Railway Company." And authority
is expressly given in said act for the consolidation of
said companies, in such lawful terms and conditions as
should be agreed upon by said companies and ratified by
a majority of the stockholders of each of said corporations
Anl by "An act to define the rights of the Texas and
Pacific Railway Company within the State of Texas, in
order to encourage the speedy construction of a railway!
through the State of Texas to the Pacific ocean," passed
May 2d, 1873, after reciting the authority given for thd,
consolidation of said companies by said act of May 24th,
1871, it is said: "Whereas it appears from documentary
evidence on file in the office of the Secretary of State of
the State of Texas, that such consolidation has been effected,"
&c. And, among other things enacted by said
law for the benefit of said Texas and Pacific Railway
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/174/: accessed July 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .