Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 5 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. Excerpt: ...Judge. Acts of General Assembly/--Title, --No part of act--Must express all subjev.-t.g of act---Part.s of act not expressed in title, void--Special Legislat.ion.--An act of the General Assembly was entitled "an act to amend an act'entitled an act to incorporate the Louisiana and Missouri River Railroad Company, by increasing the amount of the capitalstock of said company, defining more explicitly the power of the Board of Directors to fix the Western teminus of the road, authorizing the location and construction of a branch road, and conferring upon said Board, the necessary powers to carry into effect the several objects contemplated by this cha-rter; and also by striking out sections 11, 18, 2'7, 30 and 81 of said act." The act itself did not speak of the repeal of the original act, or any part of it, or any modification or amendment of it, nor did it mention the original act at all. Held, that said act could not create a new corporation under the prohibition in the constitution against special legislation; that the title is no part of the act, and that the language of its title alone could not operate as a repeal or amendment of the original act; and that such parts of the acts as are not expressed in the title are void. Pan Wanna, Judge, Dissenting. In)'unction---Public corporatiom--Power of State through its ojicers to interfere.--Where the State in its corporate character and capacity, has no interest in the litigation, its interference to prevent the commission of an unlawful act by a public corporation, can only be permitted on the ground that the Attor ncy General or Circuit Attorney is legally authorized to interfere in all cases where private persons are held incompetent to sue, and where the rights of the whole people or any...