Madison County Court v. Richmond, Irvine & Three Forks Railroad
Court of Appeals of Kentucky
Case 5 — EQUITY— APPEAL FROM MADISON CIRCUIT COURT. The order of the Madison county court of October, 1876, is in conflict ’ with the original and amended charter of appellees. The subscription ordered to be made by the county judge is invalid. The county court or judge cannot issue bonds of the county under the order set forth in the agreed case herein. The order of revocation was valid.
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Case 5 — EQUITY— APPEAL FROM MADISON CIRCUIT COURT. The order of the Madison county court of October, 1876, is in conflict ’ with the original and amended charter of appellees. The subscription ordered to be made by the county judge is invalid. The county court or judge cannot issue bonds of the county under the order set forth in the agreed case herein. The order of revocation was valid. Under appellee’s charter they could, by their officers, petition the Madison county court to submit to the voters of the county the question of an absolute or conditional subscription (sec. 15). A…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion op the court.
By an act of the legislature, passed February 28, 1873, the Richmond, Irvine and Three Forks Railroad Company was incorporated.
Section fifteen of the act provided that whenever the president and- directors of the company shall, in writing, request the county court of any county, through or adjacent to which it is proposed to construct its railway, to do so, such court may submit to the qualified voters of such county the question whether said cozirt shall subscribe to the capital stock of the company, for and in behalf of the county, the amount…
2Cases cited3 opinions
- Cook v. Berlin Woolen Mill Co.Wisconsin Supreme Court · 1877
- Hodgman v. Chicago & St. Paul Railway Co.Supreme Court of Minnesota · 1873
- Mercer County Court v. Kentucky River Navigation Co.Court of Appeals of Kentucky · 1871
3Cited by3 opinions
- Frantz v. JacobCourt of Appeals of Kentucky · 1889
- Independent School District No. 68 v. RosenowSupreme Court of Minnesota · 1932
- Hunter v. QuinCourt of Appeals of Kentucky (pre-1976) · 1925