Hopkins v. Lovell
Supreme Court of Missouri
*ror to Sixth District Court. This was a bill for an injunction brought against the County Court of Lincoln county to restrain the issue of the county bonds designed to be given for the purchase of the capital stock of the St. Louis and Keokuk Railroad Company.
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*ror to Sixth District Court. This was a bill for an injunction brought against the County Court of Lincoln county to restrain the issue of the county bonds designed to be given for the purchase of the capital stock of the St. Louis and Keokuk Railroad Company. The court appointed A. H. Martin an agent for the county to confer with the directors of the company to secure the location of the railroad, and to order the issue of the bonds and pay them over in such sum or sums as he might think proper.
1Opinion of the CourtWagner, Judge
It is obvious that the judgment in this case must be affirmed. The petition utterly fails to show any such facts as would entitle the plaintiff to relief by injunction. The only plausible pretext embodied in the bill for equitable interposition was to restrain Martin from negotiating the bonds, and the writ has been voluntarily dismissed as to him.
The prayer to enjoin Ingram and Wilson from executing the bonds is futile, as it nowhere appears that they had any authority, that they acted in an official capacity, or that the bonds, if signed *103and executed by them, would bind anybody. The claim…
2Cited by6 opinions
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Jacobs v. CauthornSupreme Court of Missouri · 1922
- Streator v. LinscottCalifornia Supreme Court · 1908
- Bailey v. WadeMissouri Court of Appeals · 1887
- McPike v. PewSupreme Court of Missouri · 1871
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