Carroll County v. Smith

Citations

• 111 U.S. 556
• 4 S. Ct. 539
• 28 L. Ed. 517
• 1884 U.S. LEXIS 1815

Syllabus

<p>Municipal Bonds — Construction of Statutes — Estoppel—Conflict of Law— State Courts.</p> <p>A recital in a bond issued .by a municipal corporation in payment of a subscription to capital stock in a railway company, that it is authorized by a statute referred to. by title and date, does not estop the municipality in a suit on the bond from setting up that the issue was not authorized by rote of. two-thirds of the voters of the corporation, as required by the Constitution of the State.</p> <p>A provision in the Constitution of Mississippi, that the legislature shall not authorize a county to lend its aid to a corporation unless two-thirds of the qualified voters shall assent thereto at an election to bo held therein, does not require an assenting vote of two-thirds of the whole number enrolled as qualified to vote, but only two-thirds of those actually voting at the election held for the purpose. Hawkins v. Carroll Co., 50 Miss. 735, disregarded, and St. Joseph’s Township v. Rogers, 16 Wall. 644, and County of Cass v. Johnston, 95 U. S. 800, followed.</p> <p>The issuing of a temporary injunction, which was afterwards made permanent, by a State court, restraining municipal officers from issuing municipal bonds, dbes not estop a bona fide holder for value, who was no party to the suit, from maintaining title to sucK bonds issued after the temporary injunction.</p> <p>The decision of the highest court of afState, construing the Constitution of the . State, is not binding upon this court as affecting the rights of citizens of other States in litigation here, when it is in conflict with previous decisions of this court, and when the rights which it affects here were acquired before it was made.</p>