Leavenworth County v. Chicago, R. I. & P. Railway Company

D. K. Tenney, S. S. Gregory, and J. M. Flower, for appellant.

''Thos. F. Withrow and M. A. LOW'', for appellees.

BLATCHFORD, J.

The bill in this case was filed in the circuit court of the United States for the western district of Missouri, on the 25th of September, 1882, by the board of county commissioners of the county of Leaven worth, a municipal corporation of the state of Kansas, on behalf of itself and of all other stockholders of the Chicago & Southwestern Railway Company, chartered in Missouri, against the Chicago, Rock Island & Pacific Railway Company, an Illinois corporation; the Chicago & Southwestern Railway Company in Iowa; the Chicago & Southwestern Railway Company, (consolidated;) the Iowa Southern & Missouri Northern Railroad Company,-the last-named three companies being Iowa corporations; the Chicago & South western Railway Company, a Missouri corporation; David Dows and Frederick S. Winston, citizens of New Youk; and Calvin F. Burnes, a citizen of Missouri. The plaintiff sues as the owner of $300,000 out of $3,000,000 of the capital stock of the Platte City & Fort Des Moines Railroad Company, a Missouri corporation, which stock it originally subscribed for and paid for at par. The circuit court, held by Mr. Justice MILLER, on a final hearing on pleadings and proofs, dismissed the bill, (25 Fed. Rep. 219,) and the plaintiff has appealed.

The following are the material facts of the case, in the view we take of it, substantially as they are set forth in the opinion of Mr. Justice MILLER, delivered in the circuit court: