Legal Opinion

Pleasant Township v. Aetna Life Ins. Co.

Supreme Court of the United States

Decided January 19, 1891No. 1214PublishedCited by 36 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO. This was an action at law, to recover upon bonds issued by the plaintiff in error to aid in the construction of a railway, under the act of the legislature of Ohio of April 9, 1880. Demurrer to the petition, judgment for the plaintiff on the demurrer, to review which the defendant sued out this writ of error. The case is stated in the opinion.

1Opinion of the CourtJustice Brewer

This is an action on bonds issued by the plaintiff in error under the authority of an act of the legislature of Ohio, of April 9, 1880. (77 Ohio Laws, pages 157 and following. 1 ) The single question for consideration is the constitutionality of that statute. .For if the act is unconstitutional, the bonds were issued without authority, and are not binding upon the township; while, on the other hand, if it is constitutional and valid, no question is made as to the regularity of the proceedings which ended in the issue of the bonds.

To obtain a clear understanding of this question a reference…

2Cases cited2 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Douglass v. County of PikeSupreme Court of the United States · 1880

3Cited by36 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
  3. Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
  4. Great Southern Fire Proof Hotel Co. v. JonesSupreme Court of the United States · 1904
  5. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898

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