Chambers County v. Clews
Supreme Court of the United States
Error to the District Court for the Middle District of Alabama. Clews & Co. brought an action at law, in the court below, against Chambers County, Alabama, to procure payment of certain coupons attached to ninety-three bonds of $1000 each, issued by the county.
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Error to the District Court for the Middle District of Alabama. Clews & Co. brought an action at law, in the court below, against Chambers County, Alabama, to procure payment of certain coupons attached to ninety-three bonds of $1000 each, issued by the county. The bonds purported to be issued in aid of a certain railroad named in each of them, and to have been issued under the authority and in pursuance of an act of the legislature of the State of Alabama, approved December 31st, 1868. The statute authorized a subscription and loan by the county only upon the basis of a proposal in writing…
1Opinion of the CourtJustice Hunt
The special plea was demurred to specially, and the demurrer was sustained by the court. We have held many times, in relation to bonds of this character, that where the persons appointed by law to certify that the preliminary requisites have been complied with, do so certify, that their certificate is conclusive in favor of the holder who, on the strength of such certificate, pays his money for the bonds without notice of the defect or illegality. * We have never, however, held that such defect or irregularity could not be set up by the maker of the bonds where the suit upon them was brought…
2Cases cited1 opinion
- Swift v. TysonSupreme Court of the United States · 1842
3Cited by11 opinions
- Presidio County v. Noel-Young Bond & Stock Co.Supreme Court of the United States · 1909
- Francis v. Howard CountyU.S. Circuit Court for the District of Western Texas · 1892
- Morse Arms Manufacturing Co. v. United StatesUnited States Court of Claims · 1880
- Mercer County v. Provident Life & Trust Co. of PhiladelphiaCourt of Appeals for the Sixth Circuit · 1896
- Pickens Tp. v. PostCourt of Appeals for the Fourth Circuit · 1900
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