Leavenworth County Commissioners v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 134 U.S. 688
• 10 S. Ct. 708
• 33 L. Ed. 1064
• 1890 U.S. LEXIS 2005

Syllabus

<p>A consolidation of railroad companies in Missouri, under the act of Missouri of March 24, 1870, § 1, held valid.</p> <p>A provision for the filing with the Secretary of State, by each of the consolidating companies, of a resolution accepting the provisions of the act, passed by a majority.of the stockholders, at a meeting called for the . purpose, was not observed, but its non-observance did not render the consolidation void.</p> <p>The object of the statute was to prevent the consolidation of competing roads, and to confine it to roads forming a continuous line.</p> <p>A certified copy from the office of the Secretary of State of the copy of the articles of consolidation filed there, under the statute, is conclusive evidence of .the consolidation in every suit except one brought by the State to have the consolidation declared void-</p> <p>A foreclosure of a mortgage on a railroad, and its sale under a decree, held valid, in a suit attacking them for fraud, because of the trust relations of the parties, when there was no collusion or fraud in fact.</p>