Legal Opinion

State ex rel. St. Joseph & Iowa Rail Road v. County Court

Supreme Court of Missouri

Decided February 15, 1873PublishedCited by 26 opinions

Jlppeal from Sullivan Circuit Court. So far as appears from the allegations in the petition, at the time that the present constitution went into effect the act of the Legislature organizing the St. Joseph and Iowa Railroad Company had ceased to have any vitality by its own limitation, and the counties had no more right or power, to take stock therein, than if the act had never been passed : so that there was nothing to prevent the Constitution taking full effect in its…

Read the full summary

Jlppeal from Sullivan Circuit Court. So far as appears from the allegations in the petition, at the time that the present constitution went into effect the act of the Legislature organizing the St. Joseph and Iowa Railroad Company had ceased to have any vitality by its own limitation, and the counties had no more right or power, to take stock therein, than if the act had never been passed : so that there was nothing to prevent the Constitution taking full effect in its prohibitions against the subscribing of stock by the Counties. In view of this fact the Legislature, on the 9 th day of…

1Opinion of the CourtWagner, Judge

This was a proceeding in the Circuit Court of Sullivan county, by mandamus, to compel the County Court of that county to issue bonds to the amount of $200,000 in compliance with an order of that court, made on the first day of May, 1871, subscribing said amount for and in behalf of said county to the capital stock of the St. Joseph and Iowa railroad company.

The alternative writ- sets out the corporate character of the relator, and states in substance that at a meeting of the board of directors, held at St. Joseph in March, 1871, the company projected and undertook the construction of a branch…

2Cases cited1 opinion

  1. Peake v. ReddSupreme Court of Missouri · 1851

3Cited by26 opinions

  1. In re NevittCourt of Appeals for the Eighth Circuit · 1902
  2. Kemper v. GluckSupreme Court of Missouri · 1931
  3. Smith v. County of ClarkSupreme Court of Missouri · 1873
  4. Brocaw v. Board of CommissionersIndiana Supreme Court · 1881
  5. County of Scotland v. ThomasSupreme Court of the United States · 1877

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API