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LEAVENWORTH COMM'RS V. CHICAGO, R.I. & P. RY. CO., 134 U. S. 688 (1890)

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U.S. Supreme Court

Leavenworth Comm'rs v. Chicago, R.I. & P. Ry. Co., 134 U.S. 688 (1890)

Leavenworth County Commissioners v.

Chicago, Rock Island and Pacific Railway Company

No. 251

Argued April 3, 1890

Decided April l4, 1890

134 U.S. 688

Syllabus

A consolidation of railroad companies in Missouri, under the act of Missouri of March 24, 1870, § 1, held valid.

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 nonobservance did not render the consolidation void.

The object of the statute was to prevent the consolidation of competing roads, and to confine it to roads forming a continuous line.

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.

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.

In equity. Decree dismissing the bill. The plaintiffs appealed. The case is stated in the opinion. chanroblesvirtualawlibrary

Page 134 U. S. 689





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