Legal Opinion

Olcott v. Supervisors

Supreme Court of the United States

Decided March 31, 1873PublishedCited by 96 opinions

Error to the Circuit Court for the Eastern District of Wisconsin; in which court Olcott sued the supervisors of the county of Fond du Lac, Michigan, upon certain county orders issued by the county February the 15th, 1869, in pursuance of an act of Assembly of the State, approved on the 10th of April, 1867, and entitled <(An act to authorize the county of Fond du Lac to aid. the completion, of the Sheboygan and'Foud du Lac Railroad, and to aid the building of a railroad from,…

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Error to the Circuit Court for the Eastern District of Wisconsin; in which court Olcott sued the supervisors of the county of Fond du Lac, Michigan, upon certain county orders issued by the county February the 15th, 1869, in pursuance of an act of Assembly of the State, approved on the 10th of April, 1867, and entitled <(An act to authorize the county of Fond du Lac to aid. the completion, of the Sheboygan and'Foud du Lac Railroad, and to aid the building of a railroad from, the city of Fond du Lac to the city of Ripon.” This act authorized the people of the county to vote upon the question…

1Opinion of the Court

Mf. Justice STRONG

delivered the opinion of the court.

Whether the act of Assembly of the State.of Wisconsin, approved April 10th,1867, underwhich the county orders or promissory notes sued upon, in this case, were issued, was a lawful exercise of constitutional power, is the only question in the case. In the court below, the jury was instructed, in substance, that the issue of thé orders was unauthorized and void, and that the act of Assembly, above referred to, was an unconstitutional exercise of legislative power. No other question was made at the trial, and.no other is now presented to us…

2Cases cited1 opinion

  1. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831

3Cited by96 opinions

  1. Civil Rights CasesSupreme Court of the United States · 1883
  2. Smyth v. AmesSupreme Court of the United States · 1898
  3. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  4. Public Utilities Commission v. PollakSupreme Court of the United States · 1952
  5. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909

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