Legal Opinion

Rich v. Mentz Township

Supreme Court of the United States

Decided April 7, 1890No. 229PublishedCited by 12 opinions

ERROR TO THE CIRCUIT COURT OR THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. This was an action brought by George L. Eich in the Circuit Court of the United States for the Northern District of New York, against the town of Mentz, to recover the amount of sixty interest coupons attached to certain bonds held by him, and alleged to have been issued by the town on July 15, 1872, in aid of the Cayuga Northern- Kailroad Company.

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ERROR TO THE CIRCUIT COURT OR THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. This was an action brought by George L. Eich in the Circuit Court of the United States for the Northern District of New York, against the town of Mentz, to recover the amount of sixty interest coupons attached to certain bonds held by him, and alleged to have been issued by the town on July 15, 1872, in aid of the Cayuga Northern- Kailroad Company. The cause was tried by the circuit and district judges, a jury being duly waived, and the court made its special findings as follows: ■ “I. On the 18th day of…

1Opinion of the CourtChief Justice Fullee

• ' Where a majority of the taxpayers of a town are authorized by statute to encumber the property of all, in aid of a railroad or other corporation, the record must show that the statutory authority has been pursued. Cowdrey v. Caneadea, 16 Fed. Rep. 532, and cases cited.

Section 1 of chapter'907 of the laws of New York of- 1869, 2 Sess. Laws 1869, p. 2303, was as follows: “ Whenever a majority of the taxpáyers of any municipal corporation in this State, whose names appear upon the last preceding tax-list or assessment-roll of said corporation as owning or. representing a majority of the…

2Cases cited8 opinions

  1. Claiborne County v. BrooksSupreme Court of the United States · 1884
  2. Town of Mentz v. . CookNew York Court of Appeals · 1888
  3. People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
  4. Town of Wellsborough v. New York & Canada RailroadNew York Court of Appeals · 1879
  5. Metzger v. . Attica and Arcade R.R. Co.New York Court of Appeals · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of TomahawkWisconsin Supreme Court · 1897
  2. State v. J. P. Bass Publishing Co.Supreme Judicial Court of Maine · 1908
  3. State v. . KirkseySupreme Court of North Carolina · 1947
  4. State v. . WallsSupreme Court of North Carolina · 1937
  5. Henry v. Oklahoma CitySupreme Court of Oklahoma · 1940

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