Schuerman v. Arizona
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This is an appeál by the defendants below from a judgment of the Supreme Court of the Territory of Arizona affirming a judgment of the district court granting a mandamus.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF ARIZONA. This is an appeál by the defendants below from a judgment of the Supreme Court of the Territory of Arizona affirming a judgment of the district court granting a mandamus. Upon the trial of the case certain facts were agreed upon, in susbtance, that the defendants were the supervisors of the county of Yavapai, and that prior to the year 1890 the county of Yavapai had issued what were known as railroad bonds in aid of the Prescott and Arizona Central Railroad Company, upon which there was due on the 17th of September, 1897, $260,218.80,…
1Opinion of the CourtJustice Pegkham
It is claimed on the part of the defendants below that the railroad bonds for which the territorial bonds were given were invalid when issued, and it is only by reason of the passage of the act of June 6, 1896, 29 Stat. 262, that any action could be sustained to enforce their payment. That act has been held to be within the power of Congress to pass, and that by it the bonds therein described were made valid. Utter v. Franklin, 172 U. S. 416.
Three grounds are now urged why the judgments of the lower courts should be reversed. They are:(1) That the railroad bonds were illegally funded, without…
2Cases cited5 opinions
- Utter v. FranklinSupreme Court of the United States · 1899
- Lewis v. Pima CountySupreme Court of the United States · 1894
- Gage v. McCordArizona Supreme Court · 1898
- Yavapai County v. McCordArizona Supreme Court · 1899
- Bravin v. Mayor of TombstoneArizona Supreme Court · 1899
3Cited by4 opinions
- Murphy v. UtterSupreme Court of the United States · 1902
- Murphy v. UtterSupreme Court of the United States · 1902
- Pacific Mut. Life Ins. Co. of California v. TompkinsCourt of Appeals for the Fourth Circuit · 1900
- Ackley v. PerrinIdaho Supreme Court · 1905