State ex rel. Barlow v. Dallas County Court
Supreme Court of Missouri
Error to Dallas Circuit Court. — Hon. R. W. Eyann, Judge. This was a proceeding by mandamus to compel the county court of Dallas county to provide and set apart funds to pay certain coupons held by the relator.
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Error to Dallas Circuit Court. — Hon. R. W. Eyann, Judge. This was a proceeding by mandamus to compel the county court of Dallas county to provide and set apart funds to pay certain coupons held by the relator. The coupons were for interest on bonds issued in payment of a subscription which had previously been made by the county court, on behalf of the county, to the capital stock of the Laclede & Eort Scott Railroad Company, without first submitting the question to the qualified voters of said county. The circuit court refused the mandamus, and the relator sued out a writ of error.
1Opinion of the CourtSherwood, C. J.
The act of March 23rd, 1861, (Sess. 1860-61, p. 60,) we regard as decisive of this case, so that it is unnecessary to pass upon any other point which has been discussed. Section 2 of that act provides : “ It shall not be lawful for the county court of any county to subscribe to the capital stock of any railroad company, unless the same has been voted for by a majority of the resident voters who shall vote at such election under the provisions of this act.”
Strange as it may appear, that act, though cited by counsel, was never discussed until the year 1878, when I undertook to discuss the force…
2Cases cited2 opinions
- Downing v. RingerSupreme Court of Missouri · 1842
- State ex rel. Wilson v. GarroutteSupreme Court of Missouri · 1878
3Cited by7 opinions
- Ralls County Court v. United StatesSupreme Court of the United States · 1882
- Green County v. ConnessSupreme Court of the United States · 1883
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- Dallas County v. McKenzieSupreme Court of the United States · 1884
- Wilson v. Polk CountySupreme Court of Missouri · 1892
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