Legal Opinion

Dallas County v. Merrill

Supreme Court of Missouri

Decided April 15, 1883PublishedCited by 2 opinions

Error to St. Louis Court of Appeals. This was a suit against Jacob S. Merrill, the Bank of St. Louis, and the Metropolitan Bank of St. Louis, to compel them to bring certain bonds of the county of Dallas into court to be cancelled.

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Error to St. Louis Court of Appeals. This was a suit against Jacob S. Merrill, the Bank of St. Louis, and the Metropolitan Bank of St. Louis, to compel them to bring certain bonds of the county of Dallas into court to be cancelled. The petition was as follows: 1. That on the 8th day of April, 1873, the following petition was filed in the circuit court of Dallas county: To the Honorable Robert W. Fyan, Judge of the Circuit Court of the County of Dallas: The petition of the Metropolitan Bank of St. Louis, Missouri, respectfully showeth : That said petitioner is a corporation, duly incorporated,…

1Per curiam

It appears from the record in this case that the Metropolitan Bank was an innocent purchaser before maturity of the- bonds and coupons, which, the plaintiff asks to have delivered up and cancelled. Notwithstanding this fact appeared in the mandamus proceeding set out in the petition, this court affirmed the judgment of the circuit court refusing a peremptory writ of mandamus to compel the county of Dallas to levy a tax to pay the coupons alleged in that proceeding to be due and unpaid. It appears from the petition that the circuit court of the United States for the district of Missouri hold…

2Cases cited1 opinion

  1. State ex rel. Stamper v. HolladaySupreme Court of Missouri · 1880

3Cited by2 opinions

  1. State ex rel. Trammel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
  2. Keating v. KorfhageSupreme Court of Missouri · 1885

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