Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Anthony

Supreme Court of Missouri

Decided April 15, 1881PublishedCited by 11 opinions

Appeal from Washington Circuit Court. — Hon. J. B. Robinson, Judge. The compromise agreement having been executed and acted upon, was valid and binding upon respondent as collector. (1) The right to sue and be sued gives to a corporation the right to compromise claims. Dillon on Munic. Oorp., (2 Ed.) p. 488; Petersburg v. Mappin, 14 111. 193 ; Supervisors v. Bowen, 4 Lansing 24; Chenango o.

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Appeal from Washington Circuit Court. — Hon. J. B. Robinson, Judge. The compromise agreement having been executed and acted upon, was valid and binding upon respondent as collector. (1) The right to sue and be sued gives to a corporation the right to compromise claims. Dillon on Munic. Oorp., (2 Ed.) p. 488; Petersburg v. Mappin, 14 111. 193 ; Supervisors v. Bowen, 4 Lansing 24; Chenango o. Birdsatl, 4 Wend. 453. (2) Each county in this State is a body corporate, or quasi corporate, having, among others, the power to sue and be sued. The powers of a county as a body politic can only be…

1Opinion of the CourtHenry, J.

This is a proceeding by injunction to restrain the defendant, as collector of Washington county, from collecting certain taxes levied by the county court of said county upon the property of plaintiff, including its railroad, road-bed, etc., plaintiff alleging that there had been an agreement of settlement and compromise of said claim for taxes between the plaintiff' and county, which had been strictly complied with on plaintiff’s part. A temporary injunction was granted, which, on final hearing, was dissolved and the cause dismissed.

*434The county had sued plaintiff for taxes, and recovered a…

2Cases cited3 opinions

  1. Butler v. LawsonSupreme Court of Missouri · 1880
  2. Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
  3. Hayden's Executors v. MarmadukeSupreme Court of Missouri · 1854

3Cited by11 opinions

  1. Oakman v. City of EvelethSupreme Court of Minnesota · 1925
  2. State v. DavisSouth Dakota Supreme Court · 1898
  3. Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905
  5. City of Kansas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883

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