East Tennessee, v. & G. Ry. Co. v. Frazier - 139 U.S. 288 (1891)
U.S. Supreme Court
East Tennessee, V. & G. Ry. Co. v. Frazier, 139 U.S. 288 (1891)
East Tennessee, Virginia and Georgia Railway Company v. Frazier
Submitted March 9, 1891
Decided March 23, 1891
139 U.S. 288
ERROR TO THE SUPREME COURT
OF THE STATE OF TENNESSEE
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.
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.