Secombe v. Railroad Co.

Citations

• 90 U.S. 108
• 23 L. Ed. 67
• 23 Wall. 108
• 1874 U.S. LEXIS 1298

Syllabus

<p>1. When the question is whether, under the constitution and laws of a particular State, a company professing to be a corporation, is legally so, this court will receive as conclusive of the question, the decision of the highest court of the State deciding, in a case identical in principle, in favor of the corporate existence.</p> <p>2. The taking of private property in order that a railroad may be made, belongs to the class of things which in proper cases are to be regarded as public necessities.</p> <p>3. The mode of exercising the right of eminent domain, in the absence of any provision of organic law prescribing a contrary course, is within the discretion of the legislature. There is no limitation upon the power of the legislature in this respect if tho purpose be a public one and just compensation be paid or tendered to the owner for the property taken.</p> <p>4. A judgment of condemnation rendered by a competent court, charged. with a special statutory jurisdiction, and when all the facts necessary to the exercise of the jurisdiction are shown to exist, is no more subject to impeachment in a collateral proceeding than the judgment of any other court of exclusive jurisdiction.</p>