County of Cass v. Jordan

Supreme Court

County of Cass v. Jordan

95 U.S. 373, 24 L. Ed. 419, 5 Otto 373, 1877 U.S. LEXIS 2183

CourtSupreme Court of the United States

DecidedNovember 12, 1877

Docket303

StatusPublished

Cited by3 cases

This text of 95 U.S. 373 (County of Cass v. Jordan) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

County of Cass v. Jordan, 95 U.S. 373, 24 L. Ed. 419, 5 Otto 373, 1877 U.S. LEXIS 2183 (1877).

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Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

- The only question presented in this case not disposed of by the judgment in County of Cass v. Johnston, supra, p. 360, is that which relates to the identity of the company to whose stock the subscription was made with that to which fefie subscription was authorized, the claim being that the vote was for a subscription to the stock of the Pacific Railroad, while, the subscription was actually made to that of the Pleasant Hill and Lawrence Branch of the Pacific Railroad. It appears, with .reasonable certainty, that the vote of the township was for apubseription to aid in the construction of the branch road, and was intended to authorize the.taking of the stock in the Pacific Railroad set apart under the “ Act to 'aid in the building of branch railroads in the State of Missouri,” approved March 21, 13&8, to the Pleasant Hill and Lawrence branch. This renders :it unnecessary to consider whether the plaintiff below was an innocent holder of thé bonds sued upon, and what her righto would be as s,uch. '

*375 The effect of the filing of the certificate for the construction of the branch after the call for the election, but before the vote was taken, has been sufficiently considered in the case above cited. Judgment affirmed.

Mr.-Justice Miller and Mr. Justice Bradley dissented.

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Mr. Chief Justice Waite

delivered the opinion of the court.

- The only question presented in this case not disposed of by the judgment in County of Cass v. Johnston, supra, p. 360, is that which relates to the identity of the company to whose stock the subscription was made with that to which fefie subscription was authorized, the claim being that the vote was for a subscription to the stock of the Pacific Railroad, while, the subscription was actually made to that of the Pleasant Hill and Lawrence Branch of the Pacific Railroad. It appears, with .reasonable certainty, that the vote of the township was for apubseription to aid in the construction of the branch road, and was intended to authorize the.taking of the stock in the Pacific Railroad set apart under the “ Act to 'aid in the building of branch railroads in the State of Missouri,” approved March 21, 13&8, to the Pleasant Hill and Lawrence branch. This renders :it unnecessary to consider whether the plaintiff below was an innocent holder of thé bonds sued upon, and what her righto would be as s,uch. '

*375 The effect of the filing of the certificate for the construction of the branch after the call for the election, but before the vote was taken, has been sufficiently considered in the case above cited. Judgment affirmed.

Mr.-Justice Miller and Mr. Justice Bradley dissented.

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Bluebook (online)

95 U.S. 373, 24 L. Ed. 419, 5 Otto 373, 1877 U.S. LEXIS 2183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-cass-v-jordan-scotus-1877.

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