MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
On the 4th of January, 1860, the General Assembly of Missouri incorporated the Platte City and Des Moines Railroad Company, now, by statutory change of name, the Chicago and Southwestern Railway Company. Sect. 7 of the charter is as follows:-
"SECT. 7. Upon the presentation of a petition of the president and directors of said company to the county court of any county through which said road may be...
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