State ex rel. Tebo & Neosho R. R. v. County Court of Bates Co.
Supreme Court of Missouri
Appeal from Benton Circuit Court. I. The Act of March 23rd, 1868, does not form any part of the railroad charter, and was never accepted by the company as such, and the township had no legal right or authority to become a stockholder in the road. II. The railroad has been completed; and hence, the proceeds of the bonds cannot be appropriated in said township as the road progressed.
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Appeal from Benton Circuit Court. I. The Act of March 23rd, 1868, does not form any part of the railroad charter, and was never accepted by the company as such, and the township had no legal right or authority to become a stockholder in the road. II. The railroad has been completed; and hence, the proceeds of the bonds cannot be appropriated in said township as the road progressed. I. If it appears from the return of the election that no less than two-tliirds of the qualified voters of a township voting at such election are in favor of the subscription, it shall be the duty of the County…
1Opinion of the CourtAdams, Judge
This was an application for a mandamus which originated in the Bates Circuit county, and was taken by change of venue to the Circuit Court of Benton county.
*71The Tebo and Neosho Eailroad Company and some fifteen tax-payers of Prairie City township, in Bates county, are the relators, and as such ask for a mandamus to compel the County Court of Bates county to subscribe twenty-five thousand dollars to the capital stock of said railroad company on behalf of the township, and to issue bonds of the township in payment thereof. The following facts are alleged in the petition which was presented and…
2Cited by2 opinions
- State ex rel. Laclede Bank v. LewisSupreme Court of Missouri · 1882
- Association of Clerical Employees v. Brotherhood of Railway & Steamship ClerksCourt of Appeals for the Seventh Circuit · 1936