Legal Opinion

State ex rel. Circuit Attorney v. County Court

Supreme Court of Missouri

Decided January 15, 1873PublishedCited by 34 opinions

Appeal from Saline Circuit Court. I. The Circuit Attorney has no authority to proceed in the name of the State in this case. (State vs. Parkville and Grand River R. R. Co., 32 Mo., 196; Atty. Gen. vs. Utica Ins. Co., 2 Johns.

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Appeal from Saline Circuit Court. I. The Circuit Attorney has no authority to proceed in the name of the State in this case. (State vs. Parkville and Grand River R. R. Co., 32 Mo., 196; Atty. Gen. vs. Utica Ins. Co., 2 Johns. Ch., 371; see also, People vs. Miner, 2 Lansing, 396.) In this last case, tne doctrine is fully reviewed, the cases of Davis & Palmer vs. The Mayor, &c., 2 Duer., 663, and of Doolittle vs. The Supervisors, 18 N. Y., 162, referred to by tlie counsel for the Respondent, are referred to, and tbe Court holds that in such a case as the one before the Court the State is not a…

1Opinion of the Court

Shepley, Special Judge,

delivered the opinion of the Court

This is an action brought in the name of the State, by the *361Circuit Attorney of the Sixth Judicial circuit, against the County Court of Saline county and its judges and the Collector of Saline county, to restrain the County Court and its officers from issuing bonds to the Missouri and Louisiana Railroad Company, or any county warrants, in payment of their subscriptions to the capital stock of that company, and from the levying or collecting any taxes for the purpose of paying such bonds or the coupons thereon or such warrants.

The…

2Cases cited33 opinions

  1. City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
  2. Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
  3. Glasgow v. RowseSupreme Court of Missouri · 1869
  4. Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
  5. Roosevelt v. . DraperNew York Court of Appeals · 1861

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3Cited by34 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State v. LordOregon Supreme Court · 1896
  3. State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
  4. Graves v. PurcellSupreme Court of Missouri · 1935
  5. State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910

29 more not listed; retrieve them via the Exa API.

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