MR. JUSTICE WOODS delivered the opinion of the court.
On Dec. 16, 1867, the legislature of the State of Tennessee passed "An Act to incorporate the Lebanon and Gallatin Railway, and for other purposes."
Sect. 3 of the act provided that the twenty-six persons named in sect. 1 should select by ballot five of their number to open books for subscription to the stock of the Lebanon and Gallatin Railway Company, and to apply to counties and municipalities for subscriptions...
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