Leavenworth & Des Moines Railroad v. County Court of Platte County
Supreme Court of Missouri
I. The County Court of Platte county, by virtue of the sixth section of “An act to incorporate the Platte City and Fort Des Moines Railroad Company,” approved January 4, 1860 (Adj. Sess. Acts 1869-60, p. 448), was fully invested with the power to subscribe to the capital stock of said company, and issue the bonds of the county to raise funds to pay the stock thus subscribed.
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I. The County Court of Platte county, by virtue of the sixth section of “An act to incorporate the Platte City and Fort Des Moines Railroad Company,” approved January 4, 1860 (Adj. Sess. Acts 1869-60, p. 448), was fully invested with the power to subscribe to the capital stock of said company, and issue the bonds of the county to raise funds to pay the stock thus subscribed. This section confers upon the County Court of Platte county a particular authority, unrestrained by section thirty of an act entitled “An act to authorize the formation of railroad associations, and to regulate the same”…
1Opinion of the CourtHolmes, Judge
This is an application for a mandamus upon the County Court of Platte county, to require the court to issue the bonds of the county in pursuance of an alleged subscription to the stock of the Leavenworth and Des Moines Railroad Company, under “An act to incorporate the Platte City and Des Moines Railroad Company,” approved January 4, 1860, and certain other amendatory acts. (Adj. Sess. Acts 1859-60, p. 443, § 6; id. p. 88, §§ 1, 2; R. C. 1855, p. 427, §§ 30-35.)
The case depends upon the construction which is to be given to the first-named act, by which the company was chartered. The sixth…
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