McMillen v. County Judge of Lee County
Supreme Court of Iowa
Appeal from, the Lee District Court. In Chancery. The county of Lee, at an election held in 1856, by a majority of the votes cast, determined to issue bonds and take stock in three several railroad companies, then constructing their roads through said county. At the December term, 1856; of this court, said election was held irregular, and it was determined that, as conducted, it conferred no power upon the county judge to issue the proposed bonds.
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Appeal from, the Lee District Court. In Chancery. The county of Lee, at an election held in 1856, by a majority of the votes cast, determined to issue bonds and take stock in three several railroad companies, then constructing their roads through said county. At the December term, 1856; of this court, said election was held irregular, and it was determined that, as conducted, it conferred no power upon the county judge to issue the proposed bonds. On the 29th day of January, 1S57, the legislature passed “An act legalizing the issue of county, city and town corporation bonds in the counties of…
1Opinion of the CourtWright, C. J.
— The power of a county to take stock in a company, organized for the purpose of constructing a railroad, or other public improvement, through the same, has been recognized by a majority of this court, in the following cases: Dubuque County v. Dubuque and Pacific Railroad Company, 4 G. Greene, 1; Leech v. Bissell, County Judge of Cedar County, 4 G. Greene, 328; Clapp v. Cedar County, 5 Iowa, 15; Ring v. Johnson County, ante, 265. While I have never concurred in this ruling, and still deny the power, yet it may now, as I suppose, be regarded as settle,d. Assuming this much, I think but one…
2Cases cited4 opinions
- Watson v. MercerSupreme Court of the United States · 1834
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- Clapp v. County of CedarSupreme Court of Iowa · 1857
- McMillan v. Lee CountySupreme Court of Iowa · 1856
3Cited by11 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Thomson v. Lee CountySupreme Court of the United States · 1866
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Lee County v. RogersSupreme Court of the United States · 1869
- Lindsey v. RottakenSupreme Court of Arkansas · 1878
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