State ex rel. Circuit Attorney for Second Judicial Circuit v. Callaway County Court
Supreme Court of Missouri
Appeal from Callaway Circuit Court. I. Tbe South Branch of the Louisiana and Missouri River Railroad was a new enterprise not authorized by the original act or charter, and the only authority for the new enterprise is the amendatory act of 1868. The subscription forming the basis of the bonds in question was wholly unauthorized, no assent having been given to the same by the qualified voters of the county.
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Appeal from Callaway Circuit Court. I. Tbe South Branch of the Louisiana and Missouri River Railroad was a new enterprise not authorized by the original act or charter, and the only authority for the new enterprise is the amendatory act of 1868. The subscription forming the basis of the bonds in question was wholly unauthorized, no assent having been given to the same by the qualified voters of the county. The legislature could not confer on the County Court the power to make such subscription unless “two thirds of the qualified voters of the county at a regular or special election assented…
1Opinion of the Court
Shepley, Special Judge,
delivered the opinion of the court.
This was a proceeding in the nature of an injunction brought by the State, through the circuit attorney oí the Second judicial district, against the County Court of Callaway county and the justices thereof, the Louisiana and Missouri Railroad Company and Thomas L. Price, to restrain the issuing and negotiation of certain bonds of Callaway county, issued and to be issued in payment of a subscription to the capital stock of the railway company made by the county, which subscription is alleged to be illegal and void.
The petition, after…
2Cited by5 opinions
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