State ex rel. Connelly v. Parkville & Grand River Railroad
Supreme Court of Missouri
Appeal from Platte Circuit Court. The point made by the demurrer, that the suit is not brought in the name of the proper parties, is untenable. Any person who is to be affected by the unauthorized act of a public officer, may claim the protection of the government and its name, and sue by such government on his relation.
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Appeal from Platte Circuit Court. The point made by the demurrer, that the suit is not brought in the name of the proper parties, is untenable. Any person who is to be affected by the unauthorized act of a public officer, may claim the protection of the government and its name, and sue by such government on his relation. (See Story’s Equity Plead, p. 56, § 49.) The petition charges that they have made the subscription, and are threatening to issue the bonds and levy a tax for the payment of them. This they cannot do by the charter of the railroad, until the question is put to a vote of the…
1Opinion of the CourtDryden, Judge
This is a bill of injunction, brought in the name of the State of Missouri, at the relation of Connelly and others, to restrain the County Court of Platte county, as well from issuing bonds in payment of one hundred thousand dollars of stock, subscribed by said county to said railroad company on the 3d of January, 1860, as from levying and collecting a tax to pay said subscription or bonds. The ground of complaint, alleged in the bill, is that “ the County Court, at the instance of the railroad company, by an order of said court, made a subscription of one hundred thousand dollars of stock to…
2Cases cited1 opinion
- Sayre v. TompkinsSupreme Court of Missouri · 1856
3Cited by6 opinions
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- City of Delphi v. BowenIndiana Supreme Court · 1877
- First National Bank v. MeredithSupreme Court of Missouri · 1869
- State ex rel. Circuit Attorney v. County CourtSupreme Court of Missouri · 1873
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