Scotland County v. Missouri, Iowa & Nebraska Railway Co.
Supreme Court of Missouri
Appeal from Scotland Circuit Court.—Iíon. E. Y. Wilson, Judge. . By the 7th section of Chapter 34 Art. 1 R. S. 1855, the legislature reserved the power to alter, suspend or repeal the defendant’s charter. Pacific R. P. v. Penshaw, 18 Mo. 210; matter of Lee &; Co.’s Bank 21 N. Y., Rep. 9; Commonwealth v. Fayette Go. P. R. Go., 55 Penn.
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Appeal from Scotland Circuit Court.—Iíon. E. Y. Wilson, Judge. . By the 7th section of Chapter 34 Art. 1 R. S. 1855, the legislature reserved the power to alter, suspend or repeal the defendant’s charter. Pacific R. P. v. Penshaw, 18 Mo. 210; matter of Lee &; Co.’s Bank 21 N. Y., Rep. 9; Commonwealth v. Fayette Go. P. R. Go., 55 Penn. St. 452; State v. Person, S Yroom. 566; 6 ib. 157; Angel! & Ames on Corp. sec. 767. Sections 56 and 57 of the Railroad act werp intended only to give the right to repeal the act of which they formed part, and to determine the effect of such repeal or alteration.…
1Opinion of the CourtNapton, J.
The points arising in this case are presented by an agreed statement of facts, which is as follows ;
1st. That by an act of the General Assembly of the State of Missouri, entitled an act to incorporate the Alexandria & Bloomfield Railroad Company, approved February 9th, 1857, the Alexandria & Bloomfield Railroad Company became and was duly incorporated, possessed of all the powers, privileges, rights, immunities, exemptions, franchises and properties, and subject to all the liabil-. ities, obligations and restrictions mentioned in said act. 2d. That on the 13th day of September, A. D. 1864,…
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