Von Hoffman v. City of Quincy
Supreme Court of the United States
This case was brought up by a writ of error to the Circuit Court of the Uuitecl States for the Southern District of Illinois. The relator filed his petition in that court, alleging, among other things, as follows: At the June Term, 1868, and before that time, he was the owner and holder of certain coupons on interest notes of the City of Quincy. They were past due and unpaid.
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This case was brought up by a writ of error to the Circuit Court of the Uuitecl States for the Southern District of Illinois. The relator filed his petition in that court, alleging, among other things, as follows: At the June Term, 1868, and before that time, he was the owner and holder of certain coupons on interest notes of the City of Quincy. They were past due and unpaid. When issued and negotiated they were attached to certain bonds made and delivered by that city, in payment for the stock of the Northern Cross Railroad Company, and of 'the Quincy and Toledo Railroad Company, subscribed…
1Opinion of the CourtJustice Swayne
The demurrer admits what is set forth in the answer. On the other hand, the answer, according to the law of pleading, admits what is alleged in the petition and not denied.
It is then a part of the case before us, that when the bonds were issued and negotiated there were statutes of Illinois in force which authorized the levying of a sufficient special tax to pay the coupons in question as they became due. Such statutes are so inconsistent with the provisions of the act of 1863, relied upon by the city, and cover the same ground, in such a manner that the act of 1863 unquestionably rer. peals…
2Cases cited4 opinions
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