Town of Weyauwega v. Ayling
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This was an action by Charles H. Ayling, a citizen of Massachusetts, against the town of Weyauwega, Wisconsin, to recover the amount of overdue and unpaid interest coupons detached from certain bonds issued by that town in aid of the -construction of the Wisconsin Central Railroad.
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Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This was an action by Charles H. Ayling, a citizen of Massachusetts, against the town of Weyauwega, Wisconsin, to recover the amount of overdue and unpaid interest coupons detached from certain bonds issued by that town in aid of the -construction of the Wisconsin Central Railroad. Upon the trial the following facts appeared: — 1. That under and by virtue 'of chapter 126 of the General Laws of the State of Wisconsin for the year-1869 the legal voters of the town of Weyauwega voted to issue negotiable bonds…
1Opinion of the CourtChief Justice Waite
delivered the. opinion of the court.
The first .question certified in this case is answered in the affirmative. The legal voters of the town, by a vote duly taken pursuant to statutory authority for that purpose, directed the issue of the negotiable bonds in controversy. As soon as thjs vote was given, it became the duty of the chairman of the board of supervisors and the clerk of the town to cause the bonds to be made out and delivered to the railroad company. Such was the requirement of the statute under which the vote of the town was- taken. The designated officers had no discretion in the…
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