Township of Elmwood v. Marcy
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern District of Illinois. The judges of the Circuit Court were divided in opinion, whether, under the facts of this case and the legislation of Illinois applicable to them, there existed power and lawful authority to issue the bonds and coupons in controversy, so as to render them valid and collectible in the hands of the plaintiff below, who is defendant here.
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Error to the Circuit Court of the United States for the Northern District of Illinois. The judges of the Circuit Court were divided in opinion, whether, under the facts of this case and the legislation of Illinois applicable to them, there existed power and lawful authority to issue the bonds and coupons in controversy, so as to render them valid and collectible in the hands of the plaintiff below, who is defendant here. Judgment was rendered in his favor, and the cause is brought here for review. From the certificate of division, it appears that the Dixon, Peoria, and Hannibal Railroad…
1Opinion of the CourtJustice Davis
The questions arising upon this record were elaborately considered in Marshall et al. v. Silliman et al., 61 Ill. 218; and the doctrines there announced were recognized and enforced in Wiley et al. v. Silliman et al., 62 id. 170. The last case involved the validity of the identical bonds in question here; but both were, in all substantial particulars, alike. They were bills in equity to enjoin the collection of taxes for the payment of interest; and the court decided that the law of March 9 gave no power to issue the bonds. The opinion affirms, that, when the notice for the vote was posted,…
Also in this document: Dissent.
2Cases cited5 opinions
- St. Joseph Township v. RogersSupreme Court of the United States · 1873
- Marshall v. SillimanIllinois Supreme Court · 1871
- McMillan v. Lee CountySupreme Court of Iowa · 1856
- Lovingston v. WiderIllinois Supreme Court · 1870
- President of Keithsburg v. FrickIllinois Supreme Court · 1864
3Cited by19 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Anderson v. Santa AnnaSupreme Court of the United States · 1886
- Post v. SupervisorsSupreme Court of the United States · 1882
- Township of East Oakland v. SkinnerSupreme Court of the United States · 1877
- Baker v. City of SeattleWashington Supreme Court · 1891
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