Osage Valley & Southern Kansas R. R. v. County Court of Morgan
Supreme Court of Missouri
Error to Morgan Circuit Court. I. The 14th Section of the act incorporating this railroad is unconstitutional and against public policy, as it gives, to the County Court without restriction or limitation, the power to confiscate, by taxation, the entire property of any citizen of the county. (Wells vs. City of Weston, 22 Mo. 384; W. S. 36, § 16.1 II.
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Error to Morgan Circuit Court. I. The 14th Section of the act incorporating this railroad is unconstitutional and against public policy, as it gives, to the County Court without restriction or limitation, the power to confiscate, by taxation, the entire property of any citizen of the county. (Wells vs. City of Weston, 22 Mo. 384; W. S. 36, § 16.1 II. The writ should not only show facts sufficient to entitle the relator to the relief he claims, but it should also show his right to all the claims. (Moses Mand. 206, 207.) And the command of the writ must also be according to the duty. (Moses…
1Opinion of the CourtNapton, Judge
This was an application to theOircuit Court of Morgan county, by the Osage Valley and Southern Kansas Railroad Company, for a mandamus directing the County Court of Morgan county to comply with the terms of a certain subscription to said company of $30,000, made at the November term of said court, 1870.
The order, as stated in the petition, appointed one Mills as Fiscal Agent of the county, and directed him. to have bonds to the amount of $30,0.00 lithographed, and to sell them to the best advantage, aud hand over the proceeds to the railroad company as the work progressed.
*157The petition…
2Cited by5 opinions
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