East Tennessee, Virginia & Georgia Railway Co. v. Frazier

Citations

• 139 U.S. 288
• 11 S. Ct. 517
• 35 L. Ed. 196
• 1891 U.S. LEXIS 2381

Syllabus

<p>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 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.</p> <p>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.</p> <p>The plaintiff in error having exhausted the power to mortgage its property given by the act of 1817, before, its property was mortgaged in 1881, the latter mortgage was made under the then existing laws of Tennessee.</p>