State ex rel. Lexington & St. Louis Railroad v. Saline County Court
Supreme Court of Missouri
Petition for mandamus. I. The finding of the County Court is conclusive in this ease, and can not he collaterally inquired into. The presumption is that such finding was correct, and that the bonds were legally issued, and^the court is estopped by their own recitals o£ record from controverting or impeaching the legality, of the election. (21 How; 589; 38 Mo. 440.). II. The railroad company was an innocent purchaser. (Sess.
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Petition for mandamus. I. The finding of the County Court is conclusive in this ease, and can not he collaterally inquired into. The presumption is that such finding was correct, and that the bonds were legally issued, and^the court is estopped by their own recitals o£ record from controverting or impeaching the legality, of the election. (21 How; 589; 38 Mo. 440.). II. The railroad company was an innocent purchaser. (Sess. Acts 1860, pp. 455-6.) Under the law, the County Court-had no power to subscribe any amount whatever unless the precise amount to be subscribed had first received a…
1Opinion of the CourtBliss, Judge
On the 22d of January, 18,61, the General Assembly passed an act authorizing a certain subscription to the stock of relator, and the following is a copy of section 1: “Section 1. It shall be the duty of the County Court of Saline county, for and on behalf of the tax-payers owning taxable property in all that district or territory in said county comprising Salt Pond township, and that portion of Grand Pass township lying south of sectional line beginning at the northwest corner of Col. McDowell’s farm in said county, and running west to the Lafayette county line, to subscribe to the capital…
2Cases cited2 opinions
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Flagg v. Mayor of PalmyraSupreme Court of Missouri · 1863
3Cited by15 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Stern v. City of FargoNorth Dakota Supreme Court · 1909
- StopAquila. Org v. City of PeculiarSupreme Court of Missouri · 2006
- St. Louis & San Francisco Railway Co. v. AppersonSupreme Court of Missouri · 1888
- City of Oswego v. DavisSupreme Court of Kansas · 1916
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