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: 167
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1875.] STEPHENSON v. T. & P. R. R. CO. 167
Opinion of the court.
Company, it is also declared as follows: "And the said
Texas and Pacific Railway Company, as the successor of
the Southern Pacific Railroad Company, a corporation of
the State of Texas, shall construct," &c.
There is nothing in the record or in the evidence subruitted
with the motion to dismiss, for the purpose of enabling
us to ascertain the facts for the proper exercise of
our jurisdiction, by which we are informed of the terms
upon which said companies were consolidated. In the
absence of any such information, we think the inference is
fIlly warranted, that from the consolidation thus effected
by authority of the State of Texas, there exists a consoli(iated
Texas corporation, known by law of this State as the
TeAxas and Pacific Railway Company, in which is vested
all the rights,-powers, and privileges to which the Southerll
Pacific Railroad Company was entitled previous to
said consolidation, and that the corporate existenQe of the
Southern Pacific Railroad Company has been merged in
and is now represented by said Texas and Pacific Railway
Company; that the charter of the Southern Pacific Railroad
Company is neither lapsed, forfeited, annulled, or
surrendered, but still exists in its full force and vigor;
these rights, privileges, and franchises being exercised to
the extent and in the manner agreed and stipulated by the
terms of their consolidation by the corporate organization
and name of the Texas and Pacific Railway Company.
If the entire corporate existence of the Southern Pacific
Railroad Company is not merged in the Texas and Pacific
Railway Company by the consolidation of these companies,
it certainly devolved upon the party moving to dismiss
the writ to rebut this presumption, plainly inferable
from the acts of the Legislature, under and by virtue of
which this company exercises and enjoys the franchises
and privileges conferred upon it by the State of Texas,
and is entitled to be known and recognized as a Texas
corporation. But no effort to rebut this presumption has
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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/m1/175/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .