State ex rel. Burlington & Missouri River Railroad v. County of Wapello
Supreme Court of Iowa
Appeal from Wapello District Court. Mandamus to compel the issuing of bonds by Wapello County, in payment for stock subscribed in the Burlington and Missouri Biver Bailroad Company. The facts are stated as the opinion of the court. The subscription was made under the old Constitution and under the Code of 1851. The county is a corporate body, and the county judge and court are the agent of such corporate body.
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Appeal from Wapello District Court. Mandamus to compel the issuing of bonds by Wapello County, in payment for stock subscribed in the Burlington and Missouri Biver Bailroad Company. The facts are stated as the opinion of the court. The subscription was made under the old Constitution and under the Code of 1851. The county is a corporate body, and the county judge and court are the agent of such corporate body. The acts of the judge and court judicially performed, are not only the acts of an authorized agent of the county, with power to contract, but are res adjudicata and binding, when made…
1Opinion of the CourtLowe, J.
On the 24th day of September, 1853, a special election was held in the county of Wapello, agreeably to a notice previously published by order of the County Judge, for taking the votes of the qualified electors in favor of, or against, the proposition for said county to subscribe $100,000 to the capital stock of the Burlington and Missouri River Railroad Company, to be paid in the bonds of said county, redeemable in twenty years, bearing an interest not exceeding 8 per cent, payable annually, to be issued upon the call of said Company, in installments not exceeding 5 per cent per month. Said…
2Cases cited2 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Stokes v. County of ScottSupreme Court of Iowa · 1859
3Cited by26 opinions
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Atwood v. VilsackSupreme Court of Iowa · 2006
- Morrison v. SpringerSupreme Court of Iowa · 1863
- Hanson v. VernonSupreme Court of Iowa · 1869
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