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EAST TENNESSEE, V. & G. RY. CO. V. FRAZIER, 139 U. S. 288 (1891)

U.S. Supreme Court

East Tennessee, V. & G. Ry. Co. v. Frazier, 139 U.S. 288 (1891)

East Tennessee, Virginia and Georgia Railway Company v. Frazier

No. 1407

Submitted March 9, 1891

Decided March 23, 1891

139 U.S. 288




When the pleadings in the trial court of a state, the assignment of error in the supreme court of the state, the opinion of the latter court, and its original decree present no federal question, and two days later, on

Page 139 U. S. 289

motion of counsel, the decree is modified so as to show that a federal question was presented by counsel and decided adversely to their contention, there is color for a motion to dismiss for want of jurisdiction here.

When a charter power is once fully exercised by a corporation and exhausted, it is, in respect of further contracts and rights of the corporation, as if it had never been granted.

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