Wilson v. Polk County
Supreme Court of Missouri
Error to Polk Circuit Court.' (1) Points 1, 2 and 3 of the demurrer merely raise the question of the power of the county court to subscribe for the stock, without a previous vote of the people.
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Error to Polk Circuit Court.' (1) Points 1, 2 and 3 of the demurrer merely raise the question of the power of the county court to subscribe for the stock, without a previous vote of the people. On this question this court down to 1878 uniformly held that the rights of the railroad company to subscriptions of stock made by the counties under .section 14 of the charter (Laws of 1859-60, p. 438) were .not and could not have been taken away by the act of .March 23,1861, or by the constitution of 1865. Smith v. Clark Co., 54 Mo. 70; State v. County Cou/rt, 5Í Mo. •522; State v. Macon Co., 41 Mo.…
1Opinion of the Court
STATEMENT.
Gantt, J.
This action was commenced and made returnable to the April term, 1889, of the circuit court of Polk county.
Omitting the caption the petition is as follows:
“Plaintiff states that defendant is, and at all times hereinafter mentioned was, a county of the state of Missouri, and that the Laclede & .Fort Scott Railroad Company was a corporation duly organized under and by virtue of an act of the general assembly of the state of Missouri, approved January 11, 1860, entitled, ‘An act to incorporate the Laclede & Fort Scott Railroad Company;’ that afterwards said corporation…
2Cases cited19 opinions
- State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
- Aspinwall v. Board of Commissioners of the Cty. of DaviessSupreme Court of the United States · 1860
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Pleasant Township v. Aetna Life Ins. Co.Supreme Court of the United States · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sofka v. ThalSupreme Court of Missouri · 1983
- Seligman v. RogersSupreme Court of Missouri · 1893
- Bullmaster v. City of St. JosephMissouri Court of Appeals · 1897
- Wilson v. St. Louis & Western RailroadSupreme Court of Missouri · 1894
- Ozark County School District R-V of Ozark County v. LayMissouri Court of Appeals · 1962
4 more not listed; retrieve them via the Exa API.