State ex rel. Public School Fund of New Madrid County v. Luce
U.S. Circuit Court for the District of Eastern Missouri
This was a-suit in the names of the state of Missouri, on the relation of the public school fund of New Madrid county, and of that county, against Elmira C. Luce and others, to cancel certain contracts between the county and defendants relating to school lands, and to set aside certain conveyances of such lands. The suit was brought in a court of the state, and removed to the United .States circuit court.
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This was a-suit in the names of the state of Missouri, on the relation of the public school fund of New Madrid county, and of that county, against Elmira C. Luce and others, to cancel certain contracts between the county and defendants relating to school lands, and to set aside certain conveyances of such lands. The suit was brought in a court of the state, and removed to the United .States circuit court. Subsequently the county and defendants entered into a compromise, and the suit was dismissed on the part of the county. Thereupon defendants moved to dismiss.
1Opinion of the Court
PHILIPS, District Judge.
There can be no question of the right of New Madrid county to have this suit discontinued, in so far as it is concerned. The action in its name was instituted upon its order, and it had the right to withdraw from the litigation at will,- especially so, the defendants consenting. This must be conceded, for, as the action stands, the county is exposed to the liability for costs and counsel fees.
The only debatable question is as to the authority of Henry N. Phillips and Ms associates to prosecute this action in the name of the state, to the use of the public school fund…
2Cases cited5 opinions
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- City of St. Louis ex rel. Murphy v. ClemensSupreme Court of Missouri · 1869
- Ferguson v. HustonSupreme Court of Missouri · 1840
- Heynemann v. EderCalifornia Supreme Court · 1861
- City of Kansas v. FlanaganSupreme Court of Missouri · 1878