State ex rel. Quincy, Missouri & Pacific Railway Co. v. Harris
Supreme Court of Missouri
Error to Sullivan Circuit Court. — Hon. Gr. H. Burgess, Judge. (1) The constitution of Missouri of 1865 and the general laws passed pursuant thereto authorized the making of the contract of subscription, provided two-thirds of the qualified voters of such county, city or town, at a regular or special election to be held therein, should assent thereto. Const. 1865, sec. 14, art. 11 ; 1 Wag.
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Error to Sullivan Circuit Court. — Hon. Gr. H. Burgess, Judge. (1) The constitution of Missouri of 1865 and the general laws passed pursuant thereto authorized the making of the contract of subscription, provided two-thirds of the qualified voters of such county, city or town, at a regular or special election to be held therein, should assent thereto. Const. 1865, sec. 14, art. 11 ; 1 Wag. Stat., sec. 17, art. 11. And mandamus is the proper remedy to enforce contracts made thereunder. 1 Wag. Stat., sec. 22, art. 11. (2) The judgment should have been for the relator,- and the peremptory writ…
1Opinion of the CourtNoeton, C. J.
This is a proceeding by mandamus to compel the judges of the county court of Sullivan county to issue eighty thousand dollars of bonds to The ■Quincy, Missouri & Pacific Railroad Company, upon the trial of which judgment was rendered for defendants, from which plaintiff has prosecuted a writ of •error.
The record discloses the following facts: That The *35Quincy, Missouri & Pacific Railroad Company was, on the twenty-ninth day of June, 1869, duly incorporated under the laws of this state for the purpose of building and operating a railroad from West Quincy, on the Mississippi river, in Marion…
2Cases cited7 opinions
- Book v. EarlSupreme Court of Missouri · 1885
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- State ex rel. Woodson v. BrassfieldSupreme Court of Missouri · 1878
- Wolcott v. Lawrence CountySupreme Court of Missouri · 1858
- Ranney v. BaderSupreme Court of Missouri · 1878
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3Cited by10 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Board of Commissioners v. BarnesIndiana Supreme Court · 1890
- Jensen v. Wilson TownshipSupreme Court of Missouri · 1940
- Russie v. BrazzellSupreme Court of Missouri · 1895
- Bradford v. Phelps CountySupreme Court of Missouri · 1948
5 more not listed; retrieve them via the Exa API.