State ex rel. Prairie Township v. Walker
Supreme Court of Missouri
Mandamus. (1) The state auditor should be compelled to draw his warrant as asked by relator. Laws of 1868, p. 92; Laws of 1881, pp. 189,190. (2) The people of the county, relying on the validity of the fifth section of the act of 1868, were induced to make the subscriptions to the railroads, and to assume a liability which is held to be binding on them, by a court of competent jurisdiction, so that as they must pay the debt, it is not for the state, which held out this…
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Mandamus. (1) The state auditor should be compelled to draw his warrant as asked by relator. Laws of 1868, p. 92; Laws of 1881, pp. 189,190. (2) The people of the county, relying on the validity of the fifth section of the act of 1868, were induced to make the subscriptions to the railroads, and to assume a liability which is held to be binding on them, by a court of competent jurisdiction, so that as they must pay the debt, it is not for the state, which held out this inducement to them, to withdraw this consideration and to leave them to suffer without its benefits. (3) The act of 1881 was…
1Opinion of the CourtRat, J.
The object of this proceeding is to compel, oy mandamus, the state auditor to draw his warrant on the state treasurer for the amount of certain taxes, collected from a railroad company, on its property in the township to whose use this proceeding is instituted, and to the capital stock of which company such township is alleged to have made subscriptions, and to have issued bonds in payment thereof. The acts of March 23,1868, (acts of 1868, pp. 92, 93), and of March 19, 1881 (acts of 1881, pp. 189, 190), are relied upon by the relators as authorizing such demand. The demurrer of the respondent…
2Cases cited5 opinions
- State ex rel. Woodson v. BrassfieldSupreme Court of Missouri · 1878
- State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
- Webb v. Lafayette CountySupreme Court of Missouri · 1878
- State ex rel. Stamper v. HolladaySupreme Court of Missouri · 1880
- Hays v. DowisSupreme Court of Missouri · 1881
3Cited by9 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- State Ex Rel. S. S. Kresge Co. v. HowardSupreme Court of Missouri · 1947
- Elting v. HickmanSupreme Court of Missouri · 1903
- State ex rel. Quincy, Missouri & Pacific Railway Co. v. HarrisSupreme Court of Missouri · 1888
- State ex rel. Kelly v. HackmannSupreme Court of Missouri · 1918
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