Cumberland Telephone & Telegraph Co. v. Morgan's Louisiana & T. R. & S. S. Co.

Citations

• 112 La. 287
• 36 So. 352
• 1904 La. LEXIS 393

Syllabus

<p>EXPROPRIATION — JURY OF FREEHOLDERS — CORPORATION — LEGAL EXISTENCE — DENIAL.</p> <p>1. The provisions of the Civil Code and Revised Statutes of 1870 relative to juries of freeholders in expropriation suits have not been amended or repealed by the general jury act of 1898 (Act No. 135, p. 216). A special statute enacted on a particular matter is not affected by a general statute, subsequently enacted, on the same subject-matter, containing different provisions. Welch v. Gossens, 25 South. 472, 51 La. Ann. 852.</p> <p>2. In an expropriation suit, where the legal existence of a Kentucky consolidated 'corporation, plaintiff, is specially denied, and the evidence shows that articles of consolidation were executed and filed in accordance with the local law, but fails to show compliance by the constituted companies with the provisions of the Constitution of Kentucky adopted in 1891, requiring pre-existing corporations to accept the provisions of that Constitution before they shall have the benefit of future legislation, the case will be remanded for further evidence and proceedings according to law.</p> <p>(Syllabus by the Court.)</p>