The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1866-07-24
Decision of supreme Court.


Reading Railroads to the Atlantic d Great
Western:
The Commonwealth Of Pennsylvania ey.
rel. Attorney General rs The Atlantic
and Great Western Railway Company.
Information and suggestion in nature OF
ggo ,cdrraato.
Chief Justice Woodward pronounced
the 70 lowing decision, per curiam:
The case having been fully argued and
considered, we are of opinion
First. That the instrument called
certificate Of consolidation Of the Atlantic
and Great Western railway company, dated
I9th Of August, 1865, was a lawful and
valid instrument for the purposes therein
expressed, and upon being fled in the of
fee Of the Secretary Of the Commonwealth
constituted the defendants legal corpora
ton in the State Of Pennsylvania.
Second That am tel record Is well
replied to by the defendants pleas, and the
demurrer to the republication must bs
oyerued. But the defendants have leave
to reioin that there is such a record with
prout patel record.
Third. IF in support Of such rejoinler
the defendants shall produce the contract
OF agreement and act Of consolidation set
forth in answer to the oyer craved by the
Attorney General. with evidence that the
same was deposited with the Secretary Of
State in his Office, on the third day Of o.
tober, 1865, the opinion of this court viii
be that the defendants have fully compiled
with the requirements Of law in respect to
said instrument: that it became then and
there the duty Of the Secretary Of the
Commonwealth to file the same cf recori;
that as against the Commonwealth the
legal presumption must be that the Secre
tary performed his duty, and filed tie same
of record, and that it remained and still
remains fled Of record in his Office, and
Judgment will accordingly be entered for
the defendants upon inspection Of the in
strument and such proof. If in the opin-
ion of counsel any Endorsement Of the date
Of fling by the Secretary be necessary, 4
mandamus would lie to command him to
add the appropriate date, and perform ev
cry other necessary act in the premises.
OPINION OF CHIEF JUSTICE WOODWARD.
The Philadelphia and Erie Railroad
Company and the Pennsylvania Railroad
Company vs.. the Catawissa Railroad Com
pany of Pennsylvania and the Atlantic
and Great Western Railway Company of
the States OF Ohio, New York aud Penn
sylyania.
Andrew Scott Ys. the same defendants.
Two bills in equity, on appeal from de-
cree Of the Court Of Nisi Prius Of Phila-
delphia, sitting in equity. Woodward, CD.
An opinion will be filed in the above
cases, at the next term Of this court, to be
held at Pittsburg, on the Third Monday
Of October next, in which tie following
will be explained and Justified:
lst. That the plaintiffs in the above
bills in equity being private parties, and
not representatives Of the Commonwealth
Of Pennsylvania, have no right to draw
INTO question the corporate existence de
jure of the Atlantic and Great Western
Railway company.
q. That it appearing that Andrew
Scott IS not the owner of any stock IN the
said company, be has no equity to main
tain his bill against the said company.
81. That the lease and contract made
the first day of November 1865, between
the Catawissa Railroad Company Of the
first part, and the Western Central Rail
way Company, Of Pennsylvania, and the
Atlantic and Great Western Railway Com
1anv, Of the States ofOhio, New York and
Pennsylvania, Of the second part, is a law
full and valid lease and contract, and that
10 ground has been shown for decree
that it can be cancelled or aunulled.
4th. That the memorandum Of agree
meut made the 3lst Of October, 1860, be-
tween the Sunbury and Erie Company. Of
the first part, and the Catawissa Railroad
Company, Of the second part, Is lawful anl
valid for the term of twenty years from is
date, and that all the rights and interest
Of the Catawissa Railroad Company under
said agreement have passed to and become
duly vested in the Atlantic and Great
Western Railway Company,
9th. That under the several contracts
and agreements, and within the meaning
Of the act Of Assembly of the 23d Of April,
1861, mentioned or referred to in the bill
and answers, the Philadelphia and Erie
Raiiro / connects the Catawissa Railroad
with the Atlantic and Great Western Rail
way, Notwithstanding the diversity Of guage
in said roads.
Wherefore is now, this 29th day Of June,
\. D. 1866, considered, adjudged and de-
creed that the DEGREES made IN the above
cases at Nisi Prius be reversed, set ASIDE
and taken for nought; and it IS here decretd
that each of the said plaintiffs bills he
L e h.. .A.rv