Huey v. Macon County
U.S. Circuit Court for the District of Eastern Missouri
At Law. xiction by John E. Huey against Macon comity, and by Joseph E. Jones against same, upon railroad bonds and coupons issued by defendant.
1Opinion of the CourtThayek, J.
In these cases plaintiffs are entitled to a judgment on the bonds by them severally sued upon, and on all the coupons except coupons Nos. 6, 7, and 8, attached to each of bonds Nos. 3, 12,13 and 14.
1. The only defense affecting all of the causes of action is that of a variance between the proof and allegations. It is claimed that the respective plaintiffs have alleged that the bonds in suit were issued under section 17 of the general railroad law, in force in the year 1866, whereas it is contended that the proof shows that the bonds were issued under the thirteenth section of a special act,…
2Cases cited7 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Amy v. DubuqueSupreme Court of the United States · 1879
- City of Lexington v. ButlerSupreme Court of the United States · 1872
- Walnut v. WadeSupreme Court of the United States · 1881
- Clark v. Iowa CitySupreme Court of the United States · 1875
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3Cited by2 opinions
- Cal. Safe Deposit & Tr. Co. v. Sierra Valleys Ry.California Supreme Court · 1910
- H. Abraham & Son v. New Orleans Brewing Ass'nSupreme Court of Louisiana · 1903