Legal Opinion

Smith v. County of Clark

Supreme Court of Missouri

Decided October 15, 1873PublishedCited by 40 opinions

Error to Lewis Circuit Court. contended, among other things, that the power vested in the County Courts to subscribe stock in the North Mo., and the Alexandria and Bloomfield Railroad, was not a franchise of the companies, and that the bonds issued in aid of such subscription were void, and cited Aspinwall vs. Davies County, 22 How., 364. I. The Circuit Court had jurisdiction. There are seven counts in the petition.

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Error to Lewis Circuit Court. contended, among other things, that the power vested in the County Courts to subscribe stock in the North Mo., and the Alexandria and Bloomfield Railroad, was not a franchise of the companies, and that the bonds issued in aid of such subscription were void, and cited Aspinwall vs. Davies County, 22 How., 364. I. The Circuit Court had jurisdiction. There are seven counts in the petition. The aggregate amount sued for determines jurisdiction, and not the- amount of each coupon. (Langham vs. Boggs, 1 Mo., 477; Barns vs. Holland, 3 Mo., 47; Martin vs. Chanvin, 7 Mo.,…

1Opinion of the CourtNabton, Judge

This suit was brought in August, 1867, on seven coupons, detached from bonds, dated January 1, 1865, due in twenty years, and payable to the Alexandria and Bloomfield Railroad Company or bearer. The bonds are in these -words :

“ $500. United States of America. No. 51. Alexandria and Bloomfield Railroad Company, county of Clark, State of Missouri; bond due in twenty years from date. Know all *62men by these presents, that there is due from the county of Clark to the Alexandria and Bloomfield Railroad Company, or bearer, five hundred dollars, lawful money of tlie United States, with interest at the…

2Cases cited21 opinions

  1. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  2. Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
  3. Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
  4. Crane v. Lessee of MorrisSupreme Court of the United States · 1832
  5. Mercer County v. HacketSupreme Court of the United States · 1864

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

3Cited by40 opinions

  1. In re NevittCourt of Appeals for the Eighth Circuit · 1902
  2. Giddings v. City of San AntonioTexas Supreme Court · 1877
  3. County of MacOn v. ShoresSupreme Court of the United States · 1877
  4. Evertson v. . National Bank of NewportNew York Court of Appeals · 1876
  5. County of Ralls v. DouglassSupreme Court of the United States · 1882

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

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