Legal Opinion

Hawley v. Fairbanks

Supreme Court of the United States

Decided May 7, 1883No. 263PublishedCited by 38 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. Petition, for mandamus to a county clerk, to compel the assessment of a tax to pay judgments recovered upon municipal bonds issued to pay subscriptions to stock in a railroad corporation.

1Opinion of the Court

Mr. Chief jusnc? Waite

delivered the opinion of the court.

On the 5th of April, 1872, the to7vn of Amboy, Lee County, Illinois, issued a series of bonds in payment of a.subscription voted by the voters of the town to the capital stock- of the Chicago & Rock River' Railroad Company. Both the subscription and bonds were authorized by the charter of the railroad company, approved March 24th, 1869.

Sections 12 and 13 of this charter which alone need be considered, are as follows :

“ § 12. It shall be the duty of the clerk of any such city, town or township, in which a vote shall be given in favor of…

2Cases cited5 opinions

  1. Farmers' Loan & Trust Co. v. WatermanSupreme Court of the United States · 1882
  2. Seaver v. BigelowsSupreme Court of the United States · 1867
  3. Ex Parte Baltimore and Ohio Rr Co.Supreme Court of the United States · 1882
  4. Adams v. CrittendenSupreme Court of the United States · 1882
  5. Springfield & Illinois Southeastern Railway Co. v. County ClerkIllinois Supreme Court · 1874

3Cited by38 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. Stewart v. DunhamSupreme Court of the United States · 1885
  3. Seibert v. LewisSupreme Court of the United States · 1887
  4. Gibson v. ShufeldtSupreme Court of the United States · 1887
  5. Clay v. FieldSupreme Court of the United States · 1891

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