County Commissioners v. Chandler

CourtUnited States Supreme Court
Writing for the CourtBRADLEY
Citation96 U.S. 205,24 L.Ed. 625
PartiesCOUNTY COMMISSIONERS v. CHANDLER
Decision Date01 October 1877

96 U.S. 205
24 L.Ed. 625
COUNTY COMMISSIONERS
v.
CHANDLER.
October Term, 1877

ERROR to the Circuit Court of the United States for the Northern District of Nebraska.

This was an action brought by George B. Chandler to recover the amount of certain coupons attached to certain bonds issued by the board of county commissioners of the county of Dodge, in the State of Nebraska, on behalf of the precinct of Fremont in said county. Chandler purchased the coupons used on before maturity, and for a valuable consideration. The controversy in the case relates to the validity of the bonds and his title to the coupons.

By a law of the State of Nebraska, passed Feb. 15, 1869, it was enacted that any county or city in the State should be authorized to issue bonds to aid in the construction of any railroad or other work of internal improvement, the amount to be determined by the county commissioners of such county or the city council of such city, not exceeding ten per cent of the assessed valuation of all taxable property in said county or city: Provided, the county commissioners or city council should first submit the question of issuing such bonds to a vote of the legal voters of said county or city in the manner provided by chap. 9 of the Revised Statutes of Nebraska for submitting to the people of a county the question of borrowing money. By a subsequent section, it was enacted that any precinct in any organized county of the State should have the privilege of voting to aid works of internal improvement, and be entitled to all the privileges conferred upon counties and cities; and that in such cases the precinct election should be governed in the same manner, so far as applicable, and the county commissioners should issue special bonds for the precinct.

Page 206

It thus appears that the board of county commissioners had sufficient power to issue bonds for the precinct, if authorized and required so to do by the latter, for the purpose of aiding works of internal improvement.

In the present case, the bonds purport on their face to have been thus issued. The following is a copy of one of them:——

'UNITED STATES OF AMERICA,

'STATE OF NEBRASKA.

'It is hereby certified that Fremont Precinct, in the county of Dodge, in the State of Nebraska, is indebted unto the bearer in the sum of $1,000, payable on or before twenty years after date, with interest at the rate of ten per cent per annum from date. Interest payable annually on the presentation of the proper coupons hereto annexed. Principal payable at the office of the county treasurer, in Fremont, Dodge County, Nebraska. Interest payable at the Ocean National Bank, in the city of New York.

'This bond is one of a series issued in pursuance of and in accordance with a vote of the electors of said Fremont Precinct, at a special election held on the eleventh day of November, A.D. 1870, at which time the following proposition...

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27 practice notes
  • Marsh v. State of Alabama, No. 114
    • United States
    • United States Supreme Court
    • January 7, 1946
    ...gave it power to obstruct through traffic or to discriminate against interstate commerce. See Page 507 County Commissioners v. Chandler, 96 U.S. 205, 208, 24 L.Ed. 625; Donovan v. Pennsylvania Co., supra, 199 U.S. at page 294, 26 S.Ct. at page 94, 50 L.Ed. 192; Covington Drawbridge Co. v. S......
  • I IS Ljo State v. County Court Op Wirt County.
    • United States
    • Supreme Court of West Virginia
    • April 1, 1893
    ...U. S. 508; 21 111. 511; 5 W. Va. 382; 11 W. Va. 1; 106 U. S. 487; 2 Mete. (Ky.) 219; 16 Wall. 667; 3 Wall. 327; Jri., 654; 94 U. S. 310; 96 U. S. 205; 110 U. S. 156; 111 U. S. 363; 93 U. S. 502; 105 U. S. 370; 92 U. S. 484; [37 W.Va. 809] 111 U. S. 1; 1 Wall. 175; 99 U. S. 676; Id., 686; 21......
  • Am. Trucking Ass'ns, Inc. v. Alviti, No. 19-1316
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • December 5, 2019
    ...; Endsley v. City of Chicago, 319 Ill.App.3d 1009, 253 Ill.Dec. 585, 745 N.E.2d 708, 715 (2001).5 See also Cty. Comm'rs v. Chandler, 96 U.S. 205, 207–08, 24 L.Ed. 625 (1877) (considering a challenge to a county bond for a private bridge); State ex rel. Allison v. Hannibal & R.C. Gravel-Rd. ......
  • Cunningham v. Potts, No. 275.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • December 4, 1925
    ...v. Sly, 65 Pa. 205-210; Lake Superior, etc., R. R. Co. v. United States, 93 U. S. 442, 23 L. Ed. 965; Com'rs of Dodge County v. Chandler, 96 U. S. 205, 24 L. Ed. 625; State ex rel. Jersey City & B. P. Plank-Road Co. v. Haight, 30 N. J. Law, 447; Penn. Coal Co. v. Dell. & H. Canal Co., 29 Ba......
  • Request a trial to view additional results
26 cases
  • Am. Trucking Ass'ns, Inc. v. Alviti, No. 19-1316
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • December 5, 2019
    ...; Endsley v. City of Chicago, 319 Ill.App.3d 1009, 253 Ill.Dec. 585, 745 N.E.2d 708, 715 (2001).5 See also Cty. Comm'rs v. Chandler, 96 U.S. 205, 207–08, 24 L.Ed. 625 (1877) (considering a challenge to a county bond for a private bridge); State ex rel. Allison v. Hannibal & R.C. Gravel-......
  • Marsh v. State of Alabama, No. 114
    • United States
    • United States Supreme Court
    • January 7, 1946
    ...gave it power to obstruct through traffic or to discriminate against interstate commerce. See Page 507 County Commissioners v. Chandler, 96 U.S. 205, 208, 24 L.Ed. 625; Donovan v. Pennsylvania Co., supra, 199 U.S. at page 294, 26 S.Ct. at page 94, 50 L.Ed. 192; Covington Drawbridge Co. v. S......
  • Cunningham v. Potts, No. 275.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Western District of Washington)
    • December 4, 1925
    ...v. Sly, 65 Pa. 205-210; Lake Superior, etc., R. R. Co. v. United States, 93 U. S. 442, 23 L. Ed. 965; Com'rs of Dodge County v. Chandler, 96 U. S. 205, 24 L. Ed. 625; State ex rel. Jersey City & B. P. Plank-Road Co. v. Haight, 30 N. J. Law, 447; Penn. Coal Co. v. Dell. & H. Canal Co......
  • I IS Ljo State v. County Court Op Wirt County.
    • United States
    • Supreme Court of West Virginia
    • April 1, 1893
    ...U. S. 508; 21 111. 511; 5 W. Va. 382; 11 W. Va. 1; 106 U. S. 487; 2 Mete. (Ky.) 219; 16 Wall. 667; 3 Wall. 327; Jri., 654; 94 U. S. 310; 96 U. S. 205; 110 U. S. 156; 111 U. S. 363; 93 U. S. 502; 105 U. S. 370; 92 U. S. 484; [37 W.Va. 809] 111 U. S. 1; 1 Wall. 175; 99 U. S. 676; Id., 686; 21......
  • Request a trial to view additional results

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