Ranney v. Baeder
| Decision Date | 31 October 1872 |
| Citation | 50 Mo. 600 |
| Parties | WILLIAM C. RANNEY, Respondent, v. HERMAN BAEDER, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Cape Girardeau Circuit Court.
Lewis Brown, for appellant, cited Strouse v. Drennan, 41 Mo. 300; The State ex rel. L. & St. L. R.R. v. Saline County Court, 45 Mo. 247; The State, to use of Neal, v. Saline County Court, 48 Mo. 390.
Louis Houck, for respondent.
The defendant was sheriff and collector of Cape Girardeau county, and as such coerced the payment of $67 from the plaintiff, being the amount of a special tax levied on his real estate in Cape Girardeau township, to pay off the accruing interest on certain railroad bonds issued by the county on behalf of the township. The plaintiff then instituted this action in trespass against the defendant, alleging that the bonds were illegal and void, and issued without any authority of law.
The answer sets out in detail all the proceedings which led to the issuance of the bonds to show their legality. It recites the petition of at least fifty citizens, tax-payers and residents of Cape Girardeau township, to the County Court, stating that they were desirous of having more railroad communications, and that the Legislature had changed the charter of the I. M., C. G. & B. Railroad, permitting the road to start at the City of Cape Girardeau, in said township, running in a southwest direction through the township, thence by way of Whitewater through or near Bloomfield, in Stoddard county, Mo., to some desirable point on the State line, granting to the road franchises equal if not superior to any railroad in the State. The petitioners then stated their belief that the tax-payers of the township were willing to subscribe $150,000 to the capital stock of the said railroad enterprise, the same to be in bonds of sufficient denomination, payable in twenty years, bearing interest at the rate of 8 per cent. payable annually. The petition then asked the court to order a special election for the purpose of ascertaining the will of the voters of said township in relation to such subscription. Upon the presentation of the petition the court made an order reciting the substance thereof, stating that it prayed the court to order an election to test the willingness of the people of said township whether or not the court should subscribe the sum of $150,000 in behalf of said township for the purpose of constructing a railroad commencing at the city of Cape Girardeau, running in a southwest direction to some desirable point on the State line.
The order reciting the terms of the proposed subscription stated the amount, the number of years the bonds were to run, the rate of interest, when payable, and in all things conformed to the petition. It provided for an election in accordance with the law controlling elections, required the necessary notices, and appointed judges. The election was regularly held, and 376 votes were cast for subscription and seven votes against it. The abstract of the vote was certified to the County Court, and thereupon it was ordered that the court subscribe $150,000, in the name of the county, for and in behalf of the said township, to the capital stock of the company, on the terms heretofore stated, which were set out in full. The whole proceeding was strictly in pursuance of the statute. (Wagn. Stat. 313, § 51 et seq.)
The assessment and levy, which is the subject of this suit, was made for the purpose of paying the annual interest on the bonds. On motion of plaintif...
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State ex rel. Wilson v. Garroutte
...they came. That case, which has twice been cordially endorsed by this court in State v. Saline Co. Court, (48 Mo. 390,) and Ranney v. Baeder, (50 Mo. 600,) confessedly bears a striking resemblance to the present one. Here a subscription was authorized to the K. C. G. & L. S. R. R. Co.; that......
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Ranney v. Bader
...valid and lawful, and that the tax was assessed according to law. The principal recitals of the answer may be found in the case of Ranney v. Bader, 50 Mo. 600. All allegations of the answer were denied by replication, and a trial was had, resulting in a judgment for defendant, from which pl......
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County of Cass v. Johnston
...their assent; but the court held that they were the bonds of the township, and granted the writ. Following this are the cases of Ranney v. Baeder, 50 Mo. 600; McPike v. Pen, 51 id. 63, decided in 1872; State v. Cunningham, 51 id. 479; Rubey v. Shain, 54 id. 207, decided in 1873; State v. Ba......
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