Shelby County Court v. Cumberland & Ohio Railroad
Court of Appeals of Kentucky
Case 41 — MANDAMUS— APPEAL PROM SHELBY CIRCUIT COURT. CITED Constitution of Kentucky, section 37, article 2. Civil Code, section 123. Act of March 15,1851, to incorporate Shelby R. R. Co., and amendments thereto of March 10,1854, Feb. 15,1858, Feb. 3,1859. Act of March 17,1870, in relation to submitting questions of taxation to a vote of the people. 29 Missouri, 318, North Missouri Railroad v. Winkler. 1 Breese, 103, County Commissioners v. Jones. 6 Hammond, 143, State v.…
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Case 41 — MANDAMUS— APPEAL PROM SHELBY CIRCUIT COURT. CITED Constitution of Kentucky, section 37, article 2. Civil Code, section 123. Act of March 15,1851, to incorporate Shelby R. R. Co., and amendments thereto of March 10,1854, Feb. 15,1858, Feb. 3,1859. Act of March 17,1870, in relation to submitting questions of taxation to a vote of the people. 29 Missouri, 318, North Missouri Railroad v. Winkler. 1 Breese, 103, County Commissioners v. Jones. 6 Hammond, 143, State v. Collins. 2 Metcalfe, 73, Maddox, &e. v. Graham & Knox. 9 Howard, 172, Perrine v. Chesapeake & Delaware Canal Co. 13 B.…
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the court.
This was a proceeding for a mandamus to compel the judge of the Shelby County Court to issue and deliver to the Cumberland & Ohio Railroad Company the bonds of that county for the sum of three hundred thousand dollars, in payment of that amount of a subscription to the capital stock o,f the company of four hundred thousand dollars previously ordered to be made by the county court, upon certain specified conditions, and in conformity with the apparent will of the people of the county, ascertained by a popular vote. The circuit court being of the…
2Cases cited1 opinion
- Winchester & Mt. Sterling Turnpike Road Co. v. Clarke County CourtCourt of Appeals of Kentucky · 1860
3Cited by5 opinions
- People ex rel. German Insurance of Freeport v. GetzendanerIllinois Supreme Court · 1891
- Kentucky Union Railroad v. Bourbon CountyCourt of Appeals of Kentucky · 1887
- Green County v. ShortellCourt of Appeals of Kentucky · 1903
- Tyler's v. Elizabethtown & Paducah RailroadCourt of Appeals of Kentucky · 1872
- Kentucky Union Railroad v. Bourbon CountyCourt of Appeals of Kentucky · 1887