Board Sup Rs Carroll Co v. Smith
Decision Date | 05 May 1884 |
Citation | 4 S.Ct. 539,111 U.S. 556,28 L.Ed. 517 |
Parties | BOARD SUP'RS CARROLL CO. v. SMITH |
Court | U.S. Supreme Court |
J. G. George, for plaintiff in error.
L. B. Valliant and Geo. B. Howry, for defendant in error.
This was an action at law brought to recover the amount of certain overdue interest coupons, upon municipal bonds, alleged to be obligations of the plaintiff in error, delivered and payable to the Greenville, Columbus & Birmingham Railroad Company or bearer, for $1,000 each. Each bond contains the follow recital: 'The above-mentioned sum being a part of a subscription to the capital stock of the Greenville, Columbus & Birmingham Railroad Company, authorized by the following styled acts of the state of Mississippi, viz.: an act entitled 'An act to incorporate the Arkansas City & Grenada Railroad Company,' approved March 5, A. D. 1872, and an act entitled 'An act to amend an act entitled an act to incorporate the Arkansas City & Grenada Railroad Company, approved March 5, 1872,' approved March 4, A. D. 1873.'
The act first referred to contained the following: * * *'
The second act recited had the effect merely to change the name of the company to that of 'The Greenville, Columbus & Birmingham Railroad Company.'
The complaint alleged that the bonds and coupons described were delivered by the county of Carroll to the railroad company, for value, and that the plaintiff became a purchaser thereof for a valuable consideration before maturity, and was an innocent holder thereof without notice.
The defendant pleaded three pleas, of which the first in order is as follows: etc.
The second was like the first, with the additional averments that the said returns of the registrars of the county, filed and deposited with the clerk of the said board of supervisors of said county, was 'at all times open to the inspection of all persons in the public office of the clerk of the chancery court of said county; and said defendant avers that the said registration of voters of said county was a book of record, deposited and kept in the public office of the clerk of the chancery court of said county as a record book, and open for inspection to all persons, and exhibited the fact that there were 3,129 registered voters in said county at the time of the election.'
The third plea was like the second, with the addition of the following:
A demurrer to each of these pleas was sustained, and judgment rendered for the plaintiff below, to reverse which this writ of error is prosecuted.
Mr. J. Z. George for plaintiffs in error submitted on his brief.
[Argument of Counsel from page 560 intentionally omitted]
Mr. Charles B. Howry for defendant in error.
The provision in the c
harter of the railroad company authorizing the issue of bonds in payment of subscriptions by municipal bodies to its capital stock, is bosed upon article 12, § 14, of the constitution of the state, which declares that 'the legislature shall not authorize any county, city, or town to become a stockholder in, or to lend its credit to, any company, association, or corporation, unless two-thirds of the qualified voters of such county, city, or town, at a special election or regular...
To continue reading
Request your trial-
In re Denny
... ... provisions on the subject, the Marion circuit court established rules and appointed a board of examiners. Thereafter the petitioner, Mr. Denny, applied to be admitted to practice law in the ... Judge, 108 Mich. 693, 66 N. W. 594;Bayard v. Klinge, 16 Minn. 249 (Gil. 221); Everett v. Smith, 22 Minn. 53;Slingerland v. Norton, 59 Minn. 351, 61 N. W. 322;Smith v. Board, 64 Minn. 16, 65 N ... ...
-
Virginian Ry Co v. System Federation No 40
... ... to represent the shop craft employees, and invoked the aid of the National Mediation Board, constituted under the Railway Labor Act, as amended, to establish its authority. The Board, ... Carroll County v. Smith, 111 U.S. 556, 4 S.Ct. 539, 28 L.Ed. 517; Douglass v. Pike County, 101 U.S. 677, 25 ... ...
-
Virginian Ry. Co. v. SYSTEM FEDERATION NO. 40, ETC.
... ... On August 20, 1934, an election was conducted by the National Mediation Board among the employees of the mechanical department of the Virginian Railway to select a ... Robinson v. Lord Byron, 1 Bro.C.C. 588; Hervey v. Smith, 1 Kay & J. 389; Beadel v. Perry, L.R. 3 Eq. 465; Whitecar v. Michenor, 37 N.J.Eq. 6; Broome v. New ... Joseph Township v. Rogers, 16 Wall. 644, 21 L.Ed. 328; Carroll County v. Smith, 111 U.S. 556, 4 S.Ct. 539, 28 L.Ed. 517; Murdock v. Strange, 99 Md. 89, 57 A. 628, ... ...
-
Green v. State Board of Canvassers
... ... majority of all the voters. ( County of Cass v ... Johnston, 95 U.S. 360; Carroll v. Smith, 111 ... U.S. 556, 4 S.Ct. 539; State ex rel. Larabee v ... Barnes, 3 N. Dak. 319, 55 N.W. 883; People v ... Clute, 50 N.Y. 461, ... ...