St. Louis, Iron Mountain & Southern Ry. Co. v. Anthony

CourtUnited States State Supreme Court of Missouri
Writing for the CourtHENRY
Citation73 Mo. 431
PartiesTHE ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, Appellant, v. ANTHONY.
Decision Date30 April 1881

73 Mo. 431

THE ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY, Appellant,
v.
ANTHONY.

Supreme Court of Missouri.

April Term, 1881.


[73 Mo. 432]

Appeal from Washington Circuit Court.--HON. J. B. ROBINSON, Judge.

REVERSED.

Thoroughman & Pike and Wm. R. Donaldson for appellant.

The compromise agreement having been executed and acted upon, was valid and binding upon respondent as collector. (1) The right to sue and be sued gives to a corporation the right to compromise claims. Dillon on Munic. Corp., (2 Ed.) p. 488; Petersburg v. Mappin, 14 Ill. 193 Supervisors v. Bowen, 4 Lansing 24; Chenango v. Birdsall, 4 Wend. 453. (2) Each county in this State is a body corporate, or quasi corporate, having, among others, the power to sue and be sued. The powers of a county as a body politic can only be exercised by the county court; they are the managing agents of the corporation; they have the control and management of the property, real and personal, belonging to the county. 1 Wag. Stat., 441, § 9. (3) If it be claimed that the county court undertook to give away property belonging to the county and that it had no power to do this, we answer, there was no gift in any proper sense of the term. “It was a gift in the same sense that every party to a controversy gives when he relinquishes a portion of a claim he makes against an adversary to effect a settlement and avoid further litigation.” 4 Lansing 24, supra. (4) Respondent is estopped from denying the validity of the compromise so long as the county retains the fruits. By entering into the contract, the railway company was deprived of the power to make a full and legal defense to

[73 Mo. 433]

the action on the merits, and the sustaining of the verdict of the court below would result in depriving it of all remedy whatsoever. (5) The collector is the agent of the county for the collecting of taxes due the county. His principal has compromised the taxes sued for, and this compromise was a sufficient and valid release to him for any claim to the enforcement of their collection. The collector, however, ignores the contract of his principal and seeks to thwart its will.

Carr & Reynolds and Wm. S. Relfe for respondent.

The agreement, which was made July 19th, 1875, was void. No power was ever conferred on the county courts to compromise claims for taxes till the Back Tax Act of April 12th, 1877. This is not a case for injunction. It is not alleged that the county or its court are insolvent. Fallon v. R. R. Co., 1...

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5 practice notes
  • State ex rel. St. Louis Shipbuilding & Steel v. Smith, No. 39981.
    • United States
    • United States State Supreme Court of Missouri
    • March 10, 1947
    ...61 S.W. (2d) 750, 332 Mo. 1229; 11 Am. Jur., p. 248, sec. 3; 11 Am. Jur., p. 249, sec. 4; St. Louis, I.M. & S. Ry. Co. v. Anthony, 73 Mo. 431; Harlin & Griffin v. Missouri State Highway Comm., 51 S.W. (2d) 553; Sheppard v. Travelers Protective Assn. of America, 124 S.W. (2d) 538; 12......
  • City of Kansas v. Hannibal & St. Joseph R.R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1883
    ...county court to make the compromise, and unsettle the whole results of the litigation in the federal courts. Iron M. R. R. Co. v. Anthony, 73 Mo. 431 [81 Mo. 288]D. S. Twitchell with Gage, Ladd & Small for respondent. The objection to reading the tax bills or certificates in evidence, i......
  • Farmers' Bank of Dearborn v. Fudge
    • United States
    • Court of Appeal of Missouri (US)
    • November 7, 1904
    ...construed in many cases, among which are the following: Gimbel v. Pignero, 62 Mo. 240; State v. Sappington, 68 Mo. 454; Ry. Co. v. Anthony, 73 Mo. 431; Walker's Adm'r v. Deaver, 79 Mo. 664; Dodson v. Lomax, 113 Mo. 555, 21 S. W. Defendant challenges the correctness of plaintiff's first inst......
  • Spurlock v. Burnett
    • United States
    • United States State Supreme Court of Missouri
    • December 2, 1902
    ...or by a supplemental petition and a new summons. Section 658, Rev. St. 1898; Butler v. Lawson, 72 Mo. 227; Railway Co. v. Anthony, 73 Mo. 431; O'Fallon v. Clopton, 89 Mo. 284, 1 S. W. 302; McLeod v. Snyder, 110 Mo. 289, 19 S. W. The judgment is reversed and the cause remanded, to the end th......
  • Request a trial to view additional results
5 cases
  • State ex rel. St. Louis Shipbuilding & Steel v. Smith, No. 39981.
    • United States
    • United States State Supreme Court of Missouri
    • March 10, 1947
    ...61 S.W. (2d) 750, 332 Mo. 1229; 11 Am. Jur., p. 248, sec. 3; 11 Am. Jur., p. 249, sec. 4; St. Louis, I.M. & S. Ry. Co. v. Anthony, 73 Mo. 431; Harlin & Griffin v. Missouri State Highway Comm., 51 S.W. (2d) 553; Sheppard v. Travelers Protective Assn. of America, 124 S.W. (2d) 538; 12......
  • City of Kansas v. Hannibal & St. Joseph R.R. Co.
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1883
    ...county court to make the compromise, and unsettle the whole results of the litigation in the federal courts. Iron M. R. R. Co. v. Anthony, 73 Mo. 431 [81 Mo. 288]D. S. Twitchell with Gage, Ladd & Small for respondent. The objection to reading the tax bills or certificates in evidence, i......
  • Farmers' Bank of Dearborn v. Fudge
    • United States
    • Court of Appeal of Missouri (US)
    • November 7, 1904
    ...construed in many cases, among which are the following: Gimbel v. Pignero, 62 Mo. 240; State v. Sappington, 68 Mo. 454; Ry. Co. v. Anthony, 73 Mo. 431; Walker's Adm'r v. Deaver, 79 Mo. 664; Dodson v. Lomax, 113 Mo. 555, 21 S. W. Defendant challenges the correctness of plaintiff's first inst......
  • Spurlock v. Burnett
    • United States
    • United States State Supreme Court of Missouri
    • December 2, 1902
    ...or by a supplemental petition and a new summons. Section 658, Rev. St. 1898; Butler v. Lawson, 72 Mo. 227; Railway Co. v. Anthony, 73 Mo. 431; O'Fallon v. Clopton, 89 Mo. 284, 1 S. W. 302; McLeod v. Snyder, 110 Mo. 289, 19 S. W. The judgment is reversed and the cause remanded, to the end th......
  • Request a trial to view additional results

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