Legal Opinion

Railroad Co. v. County of Otoe

Supreme Court of the United States

Decided March 31, 1873PublishedCited by 52 opinions

On certificate of division from the Circuit Court of Nebraska; the case being thus: An act of the Territorial legislature of Nebraska, approved January 1st, 1861, enacted: “ That the commissioners of any county should have power to submit to the people of any county at any regular or special election, the question whether the county will aid or construct any road; and said commissioners may aid any enterprise designed for the benefit of the county as aforesaid, whenever a…

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On certificate of division from the Circuit Court of Nebraska; the case being thus: An act of the Territorial legislature of Nebraska, approved January 1st, 1861, enacted: “ That the commissioners of any county should have power to submit to the people of any county at any regular or special election, the question whether the county will aid or construct any road; and said commissioners may aid any enterprise designed for the benefit of the county as aforesaid, whenever a majority of the people thereof shall be in favor of theproposition as provided in this section. “ When • the‘question…

1Opinion of the CourtJustice Strong

The first question upon which'the judges'of the Circuit Court divided, was whether the act of the legislature of Nebraska, approved February 15th, 1869, authorizing .the county bf.Otoe to issue bonds in aid of a railroad outside of- the State, conflicts with the constitution of that State.. Unless we close our eyes to what has again and again been decided by this court, and by the highest courts of ‘most of the States, it would be difficult to discover any sufficient reason for holding that this act was transgressive of the power vested by the constitution of the State in the legislature.…

2Cases cited1 opinion

  1. Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870

3Cited by52 opinions

  1. Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
  2. Cook v. Port of PortlandOregon Supreme Court · 1891
  3. State ex rel. Bulkeley v. WilliamsSupreme Court of Connecticut · 1896
  4. Taylor v. YpsilantiSupreme Court of the United States · 1882
  5. Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879

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