Minnesota & Pacific Railroad v. Sibley
Supreme Court of Minnesota
Tbis was an application by tbe “ Minnesota and Pacific Railroad Company,” for a Writ of Mandamus to compel tbe Governor of tbe State of Minnesota to issue bonds to said Company, under tbe provisions of tbe State Constitution, (as amended) providing for the loan of the credit of the State, &c.
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Tbis was an application by tbe “ Minnesota and Pacific Railroad Company,” for a Writ of Mandamus to compel tbe Governor of tbe State of Minnesota to issue bonds to said Company, under tbe provisions of tbe State Constitution, (as amended) providing for the loan of the credit of the State, &c. The Company claimed that they had complied with all the requirements of the Constitution, in the securities tendered to the State, while the Governor claimed that the Deeds of Trust given to secure the “first mortgage bonds,” should specify a priority of lien to such bonds as the Companies might deliver…
1Opinion of the Court
By the Gov/rt.
L. Emmett, Chief Justice.
This proceeding grew out of a diffei’ence of opinion between the Governor of the State, and the Railroad Companies, as to the requirements of Section 10, of Article 9, of the Constitution as amended by a vote of the people, on the 15th day of April, A. D. 1858. The clause material to the matter in controversy, is in these words : — “ And as farther security, an amount of first mortgage bonds, on the roads, lands and franchises of the respective Companies, corresponding to the State Bonds issued, shall be transfei’red to the Treasurer of the State, at the…
2Cited by13 opinions
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- Swogger v. TaylorSupreme Court of Minnesota · 1955
- Becker v. NorthwaySupreme Court of Minnesota · 1890
- Crowell v. LambertSupreme Court of Minnesota · 1864
- Chamberlain v. SibleySupreme Court of Minnesota · 1860
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