Unity v. Burrage
Supreme Court of the United States
Error to tbe Circuit Court of tbe United States for tbe Southern District of Illinois. On Feb. 8, 1853, an act of the legislature of Illinois was approved, entitled an act to incorporate “ the Decatur and Indianapolis Railroad Company.”
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Error to tbe Circuit Court of tbe United States for tbe Southern District of Illinois. On Feb. 8, 1853, an act of the legislature of Illinois was approved, entitled an act to incorporate “ the Decatur and Indianapolis Railroad Company.” It incorporated the company named for the purpose of “ constructing, completing, and operating a railroad from the town of Decatur, in Marion County, in the State of Illinois, and thence in a direct line, upon the • most eligible route, to the east line of the State of Illinois.” The third section of the act is as follows: — “ Said company is hereby authorized…
1Opinion of the CourtJustice Woods
The plaintiff in error alleges that the act of March 27,1869, by authority of which the bonds sued on were issued, is a private act, and should have b'een specially recited in the declaration ; and as the declaration contains no such recital, it is bad on general demurrer. The defendants in error deny that the act is a private act.
Private acts are thus defined by Blackstone: —
“ Special or private acts are rather exceptions than rules, being those which operate only upon particular persons and private concerns, such as the Romans entitled senatús decreta, in contradistinction to the senatús…
2Cases cited8 opinions
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- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- San Antonio v. MehaffySupreme Court of the United States · 1878
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
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3Cited by35 opinions
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- Commonwealth v. BrownSupreme Court of Virginia · 1895
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- Kornegay v. . GoldsboroSupreme Court of North Carolina · 1920
- Ingles v. StrausSupreme Court of Virginia · 1895
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