State ex rel. Baker v. Greene County
Supreme Court of Missouri
Appeal from, Circuit Court of Greene County, I. Under the facts of the ease, the Comity Court of Greene county had power to make the subscription without an affirmative vote of the voters of the county. (1 R. C., 1855, p. 427, § 30 ; Sess. Acts 1861, p. 60; 22 How., 365.) II.
Read the full summary
Appeal from, Circuit Court of Greene County, I. Under the facts of the ease, the Comity Court of Greene county had power to make the subscription without an affirmative vote of the voters of the county. (1 R. C., 1855, p. 427, § 30 ; Sess. Acts 1861, p. 60; 22 How., 365.) II. The act, amendatory of sec. 30 of the act of 1855, passed in 1861, though passed after the act chartering the Kansas City, Galveston and Lake Superior Railroad Company, did not repeal the charter of said company, so far as the right to subscribe stock by a county without a vote first having been had, as was embodied in…
1Opinion of the CourtWagner, Judge
Whether this suit was properly brought, or whether an Injunction would lie under the circumstances disclosed in the bill, I will not stop to inquire into, as both parties have expressed *544a desire to have the ease determined on the merits. The simple question is,whether the County Court of Greene county-had the power to make the subscription, that it did in the railroad hereinafter referred to, without first being authorized by the vote of the people ? The court below decided against the power, and awarded a perpetual injunction against making any collections for the purpose of paying the…
2Cases cited3 opinions
- Philadelphia and Wilmington Railroad Co. v. State of MarylandSupreme Court of the United States · 1851
- Tomlinson v. BranchSupreme Court of the United States · 1873
- State ex rel. St. Joseph & Iowa Rail Road v. County CourtSupreme Court of Missouri · 1873
3Cited by20 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
- County of Scotland v. ThomasSupreme Court of the United States · 1877
- Martin v. McGarrSupreme Court of Oklahoma · 1910
- County of Henry v. NicolaySupreme Court of the United States · 1877
15 more not listed; retrieve them via the Exa API.