Page:State v. Little Rock, Mississippi River and Texas Railway.pdf/2

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APPEAL from Pulaski Circuit Court.

Hon. J. W. M, Circuit Judge.

Henderson, Attorney General, for the State.

C. W. Huntington, for appellee.

B. C. Brown, for bondholders.

W, J.:

This is an action of assumpsit, commenced in Pulaski Circuit Court, and decided at its May term, 1877, upon the following agreed statement of facts:

"The Little Rock, Pine Bluff and New Orleans Railroad Company was duly incorporated under an act of the General Assembly of the State of Arkansas, approved July 23, 1868, entitled 'An act to provide for a general system of railroad incorporation.

On the 10th day of March, 1869, the Little Rock, Pine Bluff and New Orleans Railroad Company, by its president, S. W. Mallory, addressed a communication to the Board of Railroad Commissioners for the State of Arkansas, the portions of which, material to this suit, are in the words and figures following, viz.: