State ex rel. O'Briant v. Keokuk & Western Railroad
Supreme Court of Missouri
Appeal from Schuyler Circuit Court.- — Hon. Andrew Ellison, Judge. (1) Section 18, chap. 63, G. S. 1865, on the subject of railroad subscription provides that “upon the making of such subscription by any county, city or town as provided for in the previous section, such county, city or town shall thereupon become like other subscribers to such stock and entitled to the privileges granted and subjected to the liabilities imposed "by this chapter.”
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Appeal from Schuyler Circuit Court.- — Hon. Andrew Ellison, Judge. (1) Section 18, chap. 63, G. S. 1865, on the subject of railroad subscription provides that “upon the making of such subscription by any county, city or town as provided for in the previous section, such county, city or town shall thereupon become like other subscribers to such stock and entitled to the privileges granted and subjected to the liabilities imposed "by this chapter.” If the county could under the guise of taxation or otherwise withhold or collect back from the corporation or its property any part of the price of…
1Opinion of the CourtValliant, J.
This is a suit for delinquent taxes assessed for the year 1891, against property of the defendant corporation in Schuyler county. The pleadings are in due form and- the cause was submitted to the court upon the following agreed statement of fact:
“Upon the consent of the parties, a jury was waived and the cause submitted to the court for hearing. It was agreed in open court by both parties that this is a suit against the defendant, the Keokuk & Western Railroad Company, for taxes levied to pay interest on county bonds of said Schuyler county issued in 1892, and to pay the interest on Liberty…
2Cases cited11 opinions
- Murray v. CharlestonSupreme Court of the United States · 1878
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- People v. Home Insurance Co.California Supreme Court · 1866
- Miller v. WilsonSupreme Court of Georgia · 1877
- Mayor of Macon v. JonesSupreme Court of Georgia · 1881
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3Cited by4 opinions
- Heman Construction Co. v. Wabash RailroadSupreme Court of Missouri · 1907
- State National Bank v. City of MemphisTennessee Supreme Court · 1906
- State ex rel. Hobart v. SmithSupreme Court of Missouri · 1903
- State ex rel. O'Briant v. Keokuk & Western RailroadSupreme Court of Missouri · 1903