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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14 practice notes
  • Shipp, for Use, Etc. v. Rodes
    • United States
    • United States State Supreme Court (Kentucky)
    • February 22, 1927
    ...St. Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am. Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; R.R. Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 p. 821, 16 Ann. Cas. 933; Paret v. Bayonne, 39 N.J. Law, 559; Springfield v. Walker, 42 Ohio St. 543......
  • Shipp v. Rodes
    • United States
    • Court of Appeals of Kentucky
    • February 22, 1927
    ...780; Petersburg v. Mappin, 14 Ill. 193, 56 Am.Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; Railroad Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 P. 821, 16 Ann.Cas. 933; Paret v. Bayonne, 39 N. J. Law, 559; Springfield v. Walker, 42 Ohio St. 543; Labe......
  • Skagit County v. Northern Pac. Ry. Co., No. 6870
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 7, 1932
    ...S. E. 653; Gilmore v. Norton, 10 Kan. 491; Hubbard v. Board of Sup'rs, 23 Iowa, 130; St. 61 F.2d 644 Louis, I. M. & S. Ry. Co. v. Anthony, 73 Mo. 431; Rogers v. Bass & Harbour Co., 47 Okl. 786, 150 P. 706; Bode v. New England Inv. Co., 1 N. D. 121, 45 N. W. 197. The sheriff of Skagit county......
  • Oakman v. City of Eveleth, No. 24672.
    • United States
    • Supreme Court of Minnesota (US)
    • April 24, 1925
    ...St. Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am. Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N. W. 250; R. R. Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 P. 821, 16 Ann. Cas. 933; Paret v. Bayonne, 39 N. J. Law, 559; Springfield v. Walker, 42 Ohio St. ......
  • Request a trial to view additional results
14 cases
  • Shipp, for Use, Etc. v. Rodes
    • United States
    • United States State Supreme Court (Kentucky)
    • February 22, 1927
    ...St. Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am. Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; R.R. Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 p. 821, 16 Ann. Cas. 933; Paret v. Bayonne, 39 N.J. Law, 559; Springfield v. Walker, 42 Ohio St. 543......
  • Shipp v. Rodes
    • United States
    • Court of Appeals of Kentucky
    • February 22, 1927
    ...780; Petersburg v. Mappin, 14 Ill. 193, 56 Am.Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; Railroad Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 P. 821, 16 Ann.Cas. 933; Paret v. Bayonne, 39 N. J. Law, 559; Springfield v. Walker, 42 Ohio St. 543; Labe......
  • Skagit County v. Northern Pac. Ry. Co., No. 6870
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 7, 1932
    ...S. E. 653; Gilmore v. Norton, 10 Kan. 491; Hubbard v. Board of Sup'rs, 23 Iowa, 130; St. 61 F.2d 644 Louis, I. M. & S. Ry. Co. v. Anthony, 73 Mo. 431; Rogers v. Bass & Harbour Co., 47 Okl. 786, 150 P. 706; Bode v. New England Inv. Co., 1 N. D. 121, 45 N. W. 197. The sheriff of Skagit county......
  • Oakman v. City of Eveleth, No. 24672.
    • United States
    • Supreme Court of Minnesota (US)
    • April 24, 1925
    ...St. Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am. Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N. W. 250; R. R. Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 P. 821, 16 Ann. Cas. 933; Paret v. Bayonne, 39 N. J. Law, 559; Springfield v. Walker, 42 Ohio St. ......
  • Request a trial to view additional results

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