Andes v. Ely
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. On September 1, 1871, the town of Andes, in the county of Delaware, State of New York, issued ninety-eight thousand dollars of its bonds in payment of a subscription to the capital stock of the Delhi and Middletown Railroad Company, and received in exchange therefor stock of said company to an equal amount.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. On September 1, 1871, the town of Andes, in the county of Delaware, State of New York, issued ninety-eight thousand dollars of its bonds in payment of a subscription to the capital stock of the Delhi and Middletown Railroad Company, and received in exchange therefor stock of said company to an equal amount. The recitals in the bonds were as follows: “ Issued by virtue of an act of the legislature of the State of New York entitled ‘An act to authorize the formation of railroad corporations and to regulate…
1Opinion of the CourtJustice Brewer
The act of 1869 has been heretofore presented to this court for consideration, and the effect of a judgment of a county judge determined. Orleans v. Platt, 99 U. S. 676; Lyons v. Munson, 99 U. S. 684. In the former case it was said:
“ The county judge was the officer charged by law with the duty to decide whether the bonds could be legally issued, and his judgment was conclusive until reversed by a higher court.”
And in the latter:
“ The county judge unquestionably had jurisdiction to decide upon the application made by the taxpayers. His judgment until reversed was final. If there were errors…
2Cases cited14 opinions
- Casey v. GalliSupreme Court of the United States · 1877
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Chubb v. UptonSupreme Court of the United States · 1877
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Commissioners of Douglas County v. BollesSupreme Court of the United States · 1877
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3Cited by25 opinions
- Tulare Irrigation District v. ShepardSupreme Court of the United States · 1902
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Merchants’ and Manufacturers’ Bank v. PennsylvaniaSupreme Court of the United States · 1897
- Provident Life & Trust Co. v. Mercer CountySupreme Court of the United States · 1898
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
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