Harris v. William R. Compton Bond & Mortgage Co.
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) It is not within the power of the Legislature under the Constitution to create special road districts having the powers and functions of the Pulton Special Road District, and Art. 6, Ch. 102, R. S. 1909, as amended, and the act approved March 18, 1911, authorizing special road districts to issue bonds and providing for the payment thereof, are unconstitutional and void.
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Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) It is not within the power of the Legislature under the Constitution to create special road districts having the powers and functions of the Pulton Special Road District, and Art. 6, Ch. 102, R. S. 1909, as amended, and the act approved March 18, 1911, authorizing special road districts to issue bonds and providing for the payment thereof, are unconstitutional and void. Under the Constitution and polity of Missouri, particularly as shown by the cases to which we call attention herein, the construction and maintenance of…
1Opinion of the CourtWoodson, J.
This suit was instituted in the circuit court of Callaway county, by the plaintiff against the defendants, seeking to enjoin the board of commissioners of Fulton Special Road District of Callaway county from issuing $100,000 of its bonds, and the treasurer of the district from delivering them to the purchasers, and the purchasers thereof from accepting them, etc.
The petition was filed March 30,1912, and was demurred to. The demurrer was by the court sustained, and the plaintiff duly excepted, and declined to plead further; the court rendered judgment in favor of the defendants, and the…
2Cases cited19 opinions
- Williams v. EgglestonSupreme Court of the United States · 1898
- Wilson v. Board of TrusteesIllinois Supreme Court · 1890
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Book v. EarlSupreme Court of Missouri · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Briggs v. Greenville CountySupreme Court of South Carolina · 1926
- Laret Investment Co. v. DickmannSupreme Court of Missouri · 1939
- Todd v. Curators of Mo. UniversitySupreme Court of Missouri · 1941
- State Ex Rel. Consolidated School District No. 8 v. SmithSupreme Court of Missouri · 1938
19 more not listed; retrieve them via the Exa API.