Kansas City, St. Joseph & Council Bluffs Railroad v. Alderman
Supreme Court of Missouri
Petition for Mandamus. The Missouri Valley Railroad Company was authorized to build a railroad through the county of Nodaway, and t-he laws under which said company were organized, and which were passed before the new constitution of Missouri took effect, authorized the counties along the line of said railroad to make subscriptions to its stock and to issue bonds in payment thereof, submitting the proposition to take stock to a vote of the people.
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Petition for Mandamus. The Missouri Valley Railroad Company was authorized to build a railroad through the county of Nodaway, and t-he laws under which said company were organized, and which were passed before the new constitution of Missouri took effect, authorized the counties along the line of said railroad to make subscriptions to its stock and to issue bonds in payment thereof, submitting the proposition to take stock to a vote of the people. The County Court of Nodaway county, in 1867, submitted a proposition to the people of said county to subscribe for twelve hundred and fifty shares…
1Opinion of the CourtWagner, Judge
The motion is to strike out part of the respondent’s return as constituting no defense to the relator’s demand. It seems to me that that part of the return which sets up that there was no legal election is immaterial. Express power was given to the County Courts to take stock in the corporation, by law approved February 18,1865, without taking the sense of the voters (Sess. Acts 1865, pp. 102-8, §§ 10, 11), and this law Ayas passed before the adoption of the present constitution, and therefore does not come Avithin its prohibitions. That the court did order an election can make no difference.…
2Cited by7 opinions
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- A. T. & Santa Fé Railroad v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1876
- Juliaetta Tramway Co. v. VollmerIdaho Supreme Court · 1895
- State ex rel. Kansas City v. Nodaway County CourtSupreme Court of Missouri · 1871
- Nicolay v. St. Clair CountyU.S. Circuit Court for the District of Western Missouri · 1874
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