Legal Opinion

State ex rel. Wilson v. Garroutte

Supreme Court of Missouri

Decided April 15, 1878PublishedCited by 18 opinions

Appeal from Greene Circuit Court. — How. W. F. Geiger, Judge. 1. Authority given to a county court to subscribe stock to a railroad and issue bonds does not constitute a contract or vested right until the subscription is actually made, 1 Dillon Munic.

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Appeal from Greene Circuit Court. — How. W. F. Geiger, Judge. 1. Authority given to a county court to subscribe stock to a railroad and issue bonds does not constitute a contract or vested right until the subscription is actually made, 1 Dillon Munic. Corp., § 42; U. P. R. R. Co. v. Davis Co., 6 Kas. 256; County of Dallas v. MacKenzie, 94 U. S. 660; Aspinwall v. County of Daviess, 22 How. 864; People v. Coon, 25 Cal. 685; State v. Saline Co., 45 Mo. 242. A mere right or power granted in the charter of a corporation, before it has been acted upon, so as to become a vested right, has no greater…

1Opinion of the CourtSherwood, C. J.

— This suit is one of many to recover railroad taxes for the years 1875 and 1876, and directly involves the validity of bonds issued in the name of Greene county to the Hannibal & St. Joseph R. R. Co., to aid in buildiug the Kansas City & Memphis R. R., alleged to be a branch of the former road. To sustain the judgment recovered for the amount of these taxes, reli*451anee is for the most part placed on State ex rel. v. Greene County Court, (54 Mo. 540). The case was, however, decided by a divided court, Mr. Justice Tories delivering a very able dissenting opinion ; one, the perusal of which will…

2Cases cited19 opinions

  1. Marsh v. Fulton CountySupreme Court of the United States · 1871
  2. Clearwater v. MeredithSupreme Court of the United States · 1864
  3. Philadelphia and Wilmington Railroad Co. v. State of MarylandSupreme Court of the United States · 1851
  4. Tomlinson v. BranchSupreme Court of the United States · 1873
  5. City of St. Louis v. AlexanderSupreme Court of Missouri · 1856

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3Cited by18 opinions

  1. Green County v. ConnessSupreme Court of the United States · 1883
  2. County of Ralls v. DouglassSupreme Court of the United States · 1882
  3. State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
  4. Buschmann v. LouisSupreme Court of Missouri · 1894
  5. Weil v. Greene CountySupreme Court of Missouri · 1878

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