In re the Saline County Subscription, Thompson
Supreme Court of Missouri
Petition of certiorari. This court may review the subscription of the County Court, on certiorari. The writ is addressed to. a court, proceeding under a special law, and judicially construing that law erroneously, and there is no remedy by appeal on error. (Hannibal and St. Joseph R.R.
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Petition of certiorari. This court may review the subscription of the County Court, on certiorari. The writ is addressed to. a court, proceeding under a special law, and judicially construing that law erroneously, and there is no remedy by appeal on error. (Hannibal and St. Joseph R.R. Co. v. Morton, 27 Mo. 317; Redfield on Railroads, ch. 27, § 202, and cases there cited; Robinson v. Board of Supervisors, 16 Cal. 208, and authorities cited in that case; Gillespie v. Broas, 23 Barb. 370.) The act of the County Court was not legislative nor executive, nor was it the exercise of a mere…
1Opinion of the CourtBliss, Judge
The County Court of Saline county subscribed for $400,000 of the stock of the Louisiana and Missouri River Railroad Company, and have issued bonds in payment of said stock. Philip H. Thompson and other tax-payers of said county sued out of this court a writ of certiorari directed to the judges of said court, charging a want of authority to make the subscription and issue the bonds.
Before considering any other question, the preliminary one must be decided, whether certiorari will lie in a case of this kind. ‘ ‘ A certiorari is an original writ issued out of chancery or the King’s Bench,…
2Cases cited14 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- People ex rel. Dickinson v. Board of SupervisorsNew York Supreme Court · 1864
- St. Joseph & Denver City Railroad v. Buchanan County CourtSupreme Court of Missouri · 1867
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3Cited by31 opinions
- Bradley v. Texas Liquor Control BoardCourt of Appeals of Texas · 1937
- State of Texas v. DesilvaTexas Supreme Court · 1912
- State v. De SilvaTexas Supreme Court · 1912
- Southeastern Greyhound Lines v. Georgia Public-Service CommissionSupreme Court of Georgia · 1935
- State ex rel. West v. DiemerSupreme Court of Missouri · 1914
26 more not listed; retrieve them via the Exa API.