State v. Hager

• Decision Date: 06 June 1887
• Citation: State v. Hager, 4 S.W. 925, 92 Mo. 511 (Mo. 1887)
• Parties: The State ex rel. Cramer, Prosecuting Attorney, v. Hager et al., Judges of the Cape Girardeau County Court, Appellants
• Court: Missouri Supreme Court

4 S.W. 925

92 Mo. 511

The State ex rel. Cramer, ProsecutingAttorney, v. Hager et al., Judges of the Cape Girardeau County Court, Appellants

Supreme Court of Missouri

June 6, 1887

Appeal from Cape Girardeau Circuit Court.-- Hon. J. D. Foster Judge.

Reversed and remanded.

R. B Oliver for appellants.

(1) Upon the agreed statement of facts, the injunction should have been dissolved, and judgment rendered for defendants.Dallas County v. Merrill,77 Mo. 573.(2)The court in its judgment, attempted to adjudicate the property rights of individuals without first giving them their day in court.This it could not do.Const. of Mo., art. 2, sec. 30.(3) To tie up the machinery through which the holders of these bonds must depend for collection would tie up and destroy the value of the bonds.Before this can legally be done, the parties in interest ought to be, and must be, in court.(4) If the bonds had never been delivered by the court, this action would not only have been proper, but efficacious.As the bill charges the bonds to have been delivered to the Cape Girardeau and State Line Railroad, no judgment of the circuit court could, in any way, impair or destroy the value of the bonds, unless the holders thereof were parties to the suit.

D. L. Hawkins and Wilson Cramer for respondent.

(1) The unconstitutionality of the act of March 23, 1868, entitled, "An act to facilitate the construction of railroads in the state of Missouri," has been so often affirmed by this court that it is not longer a matter of discussion.Webb v. Lafayette County,67 Mo. 353;State ex rel. v. Brassfield,67 Mo. 331;State ex rel. v. Walker,85 Mo. 41.(2)The act being unconstitutional and void, the bonds issued, by virtue of its provisions, are also void, and the judgment of the court below, enjoining the county court from levying taxes for their payment, was proper.Hayes v. Dowis,75 Mo. 250;Ranney v. Bader, 67 Mo. 476.

OPINION

Brace, J.

This is a proceeding by injunction, instituted by the respondent as prosecuting attorney of Cape Girardeau county, against the appellants, judges of the county court of said county, seeking to restrain said judges from levying taxes upon the property of the taxpayers of Cape Girardeau township, in said county, to pay the interest on certain bonds issued by said county in behalf of said township in aid of the Cape Girardeau & State Line Railway, by virtue of an act of the General Assembly of the state of Missouri, approved March 23, 1868, generally known as the township aid act.A temporary injunction was granted by the judge of the circuit court in vacation.The appellants appeared, filed their answer, denying each and every allegation contained in the petition, and the case coming on to be heard on their motion to dissolve the injunction was submitted to the court upon the following agreed statement of facts:

"It is hereby agreed by and between the parties, plaintiff and defendants in this cause, that the same shall be submitted to the court upon the following agreed statement of facts which, it is believed, embraces all matters material to either party:

"1.That Maurice Cramer is the prosecuting attorney of Cape Girardeau county, Missouri.

"2.That William Hager, Samuel Hitt, and Robert M. Snider are the judges of the county court of said county.

"3.That in the year, 1869, under the provisions of an act of the General Assembly of the state of Missouri, entitled 'an act to facilitate the construction of railroads in the state of Missouri,' approved March 23, 1868, the county court of Cape Girardeau county, for and in behalf of the township of Cape Girardeau, in said county, subscribed one hundred and fifty thousand dollars to the capital stock of the Cape Girardeau & State Line Railroad Company, a corporation duly organized under the laws of the state of Missouri, and afterwards issued bonds in that sum, with interest coupons attached, running twenty years and bearing eight per cent. interest.

"4.That the said bonds so issued by said county court are yet outstanding and unpaid.

"5.That the holders of such interest coupons heretofore becoming due have brought their several suits to enforce the collection thereof, and to compel the collection of taxes for the payment of their several claims.

"6.That the said bonds so...