People Ex Rel. Akin v. . Morgan

We are of opinion that it was incumbent upon the respondents to show that lawful authority existed for bonding the town of Scipio in aid of the railroad at the time of the institution of the proceedings for that purpose. Without such authority there was no foundation for the proceedings which the relator seeks to have reviewed; and the assessors could have had no jurisdiction whatever to do the act complained of. Such jurisdiction cannot be presumed, but must be affirmatively shown.

It is claimed by the respondents that authority to bond the town of Scipio, in Cayuga county, existed under the…