State ex rel. Attorney General v. Miller
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1.' The creation of tlie town of New Eranklin was tbe creation-of a public corporation, called the town of New Eranklin, but the Legislature authorized the town of New Eranklin (which was an agency of the State) to make a contract with an individual, and so soon as that contract is made, there is a franchise, which the State, through its agent, has made, and which it cannot interfere with.
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Appeal from St. Louis Court of Appeals. 1.' The creation of tlie town of New Eranklin was tbe creation-of a public corporation, called the town of New Eranklin, but the Legislature authorized the town of New Eranklin (which was an agency of the State) to make a contract with an individual, and so soon as that contract is made, there is a franchise, which the State, through its agent, has made, and which it cannot interfere with. I say that the Legislature can abolish the town of New Eranklin to-day if it sees fit. It could have done it twenty years ago. It could have blotted it out of…
1Opinion of the CourtNorton, J.
— This is a proceeding in the nature of quo warranto exhibited by the Attorney-General on behalf of the State, to the St. Louis circuit court; in which it is alleged that defendants, without warrant, and in violation of law were engaged in selling lottery tickets under a pretended franchise, and praying that they be required to appear and show by what authority they were acting.
Defendants appeared and alleged in their answer that by virtue of a contract entered into on the 1st of June, 1842? by on e Gregory with the trustees of the town of New Franklin, and a modification thereof made' on,…
2Cases cited8 opinions
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Hannibal v. Marion CountySupreme Court of Missouri · 1865
- Barton County v. WalserSupreme Court of Missouri · 1871
- Clark v. MitchellSupreme Court of Missouri · 1877
- State v. MillerSupreme Court of Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- City of Leavenworth v. Leavenworth City & Fort Leavenworth Water Co.Supreme Court of Kansas · 1904
- State ex rel. Attorney General v. FranceSupreme Court of Missouri · 1880
- Owen v. BaerSupreme Court of Missouri · 1900