Lyons v. Munson

99 U.S. 684, 25 L. Ed. 451, 1878 U.S. LEXIS 1593
CourtSupreme Court of the United States
DecidedApril 21, 1879
Docket214
StatusPublished
Cited by6 cases

This text of 99 U.S. 684 (Lyons v. Munson) 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
Lyons v. Munson, 99 U.S. 684, 25 L. Ed. 451, 1878 U.S. LEXIS 1593 (1879).

Opinion

Mr. Justice Swayne

delivered the opinion of the court.

All the questions presented for our consideration by this record relate to the validity of bonds, issued by the town of Lyons in payment for railroad stock subscribed by its proper authorities.

Propositions covering the entire ground of the controversy between the parties have been so frequently decided by this court that any extended examination of the case is unnecessary. Orleans v. Platt (supra, p. 676), our last adjudication of this class, is conclusive in favor of affirming the judgment of the Circuit Court.

The county judge unquestionably had jurisdiction to decide upon the application made by the tax-payers. His judgment until reversed was final. If there were errors, the proceedings should have been brought before a highér court for review by a writ of certiorari, and if need be, the issuing and circulation of the bonds should have been enjoined, subject to the final result of the litigation. The judgment rendered can no more be collaterally attacked in this case than could any other judg *686 ment of a court of competent jurisdiction rendered with the parties, as in this case, properly before it. The recital in the bonds sets forth the judgment of the county judge, that it was duly rendered, that the bonds were issued pursuant to the statutes referred to, for the object specified in the petition of the tax-páyers, and by persons properly appointed and charged by law with the duty of subscribing for the stock and issuing the bonds to pay for it.

The sufficiency of the statutory authority under which the proceedings were had is not denied.

Under such circumstances the recital is an estoppel. A Iona fide holder of the bonds was not bound to look further, and the obligor cannot go behind it. Orleans v. Platt, supra; Lynde v. The County, 16 Wall. 6; Mercer County v. Hacket, 1 Wall. 83; Commissioners of Knox County v. Aspinwall, 21 How. 539; Township of Rock Creek v. Strong, 96 U. S. 271.

The learned judge below in his charge to the jury well remarked : “ To imply the intent that such obligations after they are negotiated shall be vulnerable to the objections here urged, would be to impute bad faith to the authors of such legislation towards those who are to' be induced to invest in such bonds.”

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wulke v. Chicago, Milwaukee & St. Paul Railway Co.
189 Iowa 722 (Supreme Court of Iowa, 1920)
Clarke v. Town of Northampton
105 F. 312 (U.S. Circuit Court for the District of Northern New York, 1900)
Scarbrough v. Eubank
53 S.W. 573 (Texas Supreme Court, 1899)
Barbee v. Shannon
40 S.W. 584 (Court Of Appeals Of Indian Territory, 1897)
Andes v. Ely
158 U.S. 312 (Supreme Court, 1895)
Town of Lyons v. . Chamberlain
89 N.Y. 578 (New York Court of Appeals, 1882)

Cite This Page — Counsel Stack

Bluebook (online)
99 U.S. 684, 25 L. Ed. 451, 1878 U.S. LEXIS 1593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-munson-scotus-1879.