Estill County v. Embry
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Kentucky. The defendant in error, plaintiff below, hereinafter called the “plaintiff,” filed his petition to recover upon coupons which had been issued by the plaintiff in error, defendant below, hereinaftér called the “defendant,” with the bonds to which they were attached, in accordance with a contract entered into for the construction of the Richmond, Nicholasville, Irvine & Beattyville…
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In Error to the Circuit Court of the United States for the Eastern District of Kentucky. The defendant in error, plaintiff below, hereinafter called the “plaintiff,” filed his petition to recover upon coupons which had been issued by the plaintiff in error, defendant below, hereinaftér called the “defendant,” with the bonds to which they were attached, in accordance with a contract entered into for the construction of the Richmond, Nicholasville, Irvine & Beattyville Railroad, the charter for which was granted by the legislature of Kentucky, April 21, 1888. By the terms of the act, the…
1Opinion of the CourtWanty, District Judge
The defendant claims that the judgment should be set aside because the statute under which the bonds were issued and delivered is unconstitutional; and, further, if the statute .is held to be valid, the bonds were not legally delivered, because the conditions imposed by the charter and contract had not been performed. The particular feature of the act, that the defendant contends makes it unconstitutional, is the provision which authorizes the county judge, *884after the' execution of the bonds, to place them in the hands of a trustee selected by him, to be held until the conditions of the…
2Cases cited3 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Union & Planters' Bank of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1901
3Cited by4 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Estill County v. EmbryCourt of Appeals for the Sixth Circuit · 1906
- The J. R. LangdonCourt of Appeals for the Sixth Circuit · 1908