(DOWNLOAD) "Supervisors v. Schenck" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Supervisors v. Schenck
- Author : United States Supreme Court
- Release Date : January 01, 1866
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Special plea, that on the 28th day of February, 1853, the County Court of Marshall County ordered an election, to vote for and against a subscription, & c. That such election was held under said order; that the board of supervisors, on the 14th of November, 1854, acting by authority of said election, subscribed; that the bonds and coupons were issued in payment of the said subscription; that no election was ever held by order of the board of supervisors, and that the said Marshall County had been organized and was acting under the Township Organization Law since prior to 28th of February, 1853, all of which appeared from the public records of said county. The plea alleged, therefore, that the bonds and coupons had been issued without authority of law, and were void. Special replication, not denying the facts alleged in the plea, but alleging that the bonds and coupons were issued in payment for stock of the company, which stock was received by the county; that the county enjoyed all the benefits of a stockholder; that the bonds were sold by the railroad compary to the plaintiff, for value, without any notice of any want of authority to execute the same, other than the constructive notice, which might be implied from the record of the said proceedings; that ever since the date of the bonds (1856) the board of supervisors had annually levied and collected the necessary taxes, and paid the interest on them; and that therefore the bonds and coupons had been ratified, and were now valid and binding on the county.