Legal Opinion

Wilson v. Salamanca

Supreme Court of the United States

Decided October 15, 1878PublishedCited by 1 opinion

Error to tbe Circuit Court of tbe United States for tbe District of Kansas. This was an action brought by William C. Wilson against Salamanca Township of Cherokee County, Kansas, on three hundred and tWenty-one interest coupons detached from bonds, issued by it to the Memphis, Carthage, and Northwestern Railroad Company, to aid in the construction of its road.

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Error to tbe Circuit Court of tbe United States for tbe District of Kansas. This was an action brought by William C. Wilson against Salamanca Township of Cherokee County, Kansas, on three hundred and tWenty-one interest coupons detached from bonds, issued by it to the Memphis, Carthage, and Northwestern Railroad Company, to aid in the construction of its road. The bonds, with the certificate of the auditor of state indorsed thereon, are in the following form: — “UNITED STATES OP AMERICA. “State op Kansas, County op Cherokee. “ Salamanca Township Bond. ■ “No. 149.] Interest ten per cent per…

1Opinion of the CourtChief Justice Waite

The first question certified is answered in the negative upon the authority of Marcy v. Township of Oswego (92 U. S. 637), decided in this court since the trial below.

The second question is likewise answered in the negative upon the authority of County of Scotland v. Thomas (94 id. 682), also decided here since the trial below. The power of the State Line, Oswego, and Southern Kansas Railroad Company to consolidate with other companies existed when the vote for subscription was taken in the township. When the consolidation took place there was a perfected power in the township to subscribe to…

2Cases cited1 opinion

  1. Marcy v. Township of OswegoSupreme Court of the United States · 1876

3Cited by1 opinion

  1. Wilson v. SalamancaSupreme Court of the United States · 1879

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