Jacks v. Helena
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. These were suits commenced in a State court of Arkansas, praying in each case for a mandamus upon the defendants, a municipal corporation, to compel the issue and delivery of bonds of the' municipality, on a subscription in aid of a rail-. road. Judgment below that tfie subscription was unauthorized and void, and refusing the writ.
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IN ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. These were suits commenced in a State court of Arkansas, praying in each case for a mandamus upon the defendants, a municipal corporation, to compel the issue and delivery of bonds of the' municipality, on a subscription in aid of a rail-. road. Judgment below that tfie subscription was unauthorized and void, and refusing the writ. The causes were appealed to the Supreme Court,- where the judgment was affirmed, and a written opinion entered on the record in accordance with the statute of the State providing that “ Every opinion of the…
1Opinion of the CourtChief Justice Waite
These motions are granted-on the authority of Detroit City Railway Co. v. Guthard, 114 U. S. 133, and the cases there cited. It appears distinctly on the face of the opinion of the court below, which, by the laws of Arkansas, forms part of the record, Rev. Stat. Ark. 1884, § 1318 [Gannt’s Dig. (1874) §§ 1108,1109], that the decision of the case -was put, and properly put, on a ground which did not involve a consideration of the Federal question that may possibly have, been presented by one of the several defences set up in the answer of the city, to wit: that the Constitution of 1S74…
2Cases cited1 opinion
- Detroit City Railway Co. v. GuthardSupreme Court of the United States · 1885
3Cited by4 opinions
- Kreiger v. Shelby RailroadSupreme Court of the United States · 1888
- Salmon v. BoykinCourt of Appeals of Maryland · 1887
- Bailey v. BlockDistrict Court, District of Columbia · 1937
- Boston Hydraulic Gold Min. Co. v. Eagle Copper & Silver Min. CoSupreme Court of the United States · 1885