Legal Opinion

Seven Hickory v. Ellery

Supreme Court of the United States

Decided March 14, 1881No. 1115PublishedCited by 12 opinions

Error to the Circuit Court of the United States for the Southern District of Illinois. This is an action by George B. Ellery against the town of Seven Hickory, 111., to recover upon certain bonds issued by it March 1, 1872, which recite that they are issued “ in pursuance of authority conferred by an act of the General Assembly of the State of Illinois, entitled An Act to incorporate the Tuscola, Charleston, and Vincennes Railroad Company,’ approved March 7, 1867, and An Act…

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Error to the Circuit Court of the United States for the Southern District of Illinois. This is an action by George B. Ellery against the town of Seven Hickory, 111., to recover upon certain bonds issued by it March 1, 1872, which recite that they are issued “ in pursuance of authority conferred by an act of the General Assembly of the State of Illinois, entitled An Act to incorporate the Tuscola, Charleston, and Vincennes Railroad Company,’ approved March 7, 1867, and An Act to amend the foregoing act,’ approved March 25, 1869, and of an election of the legal voters of the town of Seven…

1Opinion of the CourtChief Justice Waite

The single question we have now to consider is whether a bill passed by both Houses, and presented to the governor before the legislature adjourns, becomes a law when signed by the governor after the session of the legislature has been terminated by an adjournment, but within ten days from its presentation to him. We have no hesitation in saying it does. There is certainly no express provision of the Constitution to the contrary. All that instrument requires is that, before any bill, which has passed the two Houses,, can become a law, it shall be presented to the governor. If he approves it,…

2Cases cited3 opinions

  1. The People v. . BowenNew York Court of Appeals · 1860
  2. Solomon v. Commissioners of CartersvilleSupreme Court of Georgia · 1870
  3. State ex rel. Belden v. FaganSupreme Court of Louisiana · 1870

3Cited by12 opinions

  1. Edwards v. United StatesSupreme Court of the United States · 1932
  2. State v. McCookSupreme Court of Connecticut · 1929
  3. Ex Parte CokerSupreme Court of Alabama · 1991
  4. State v. HestonWest Virginia Supreme Court · 1952
  5. Burns v. SewellSupreme Court of Minnesota · 1892

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