Crow v. Oxford

Citations

• 119 U.S. 215
• 7 S. Ct. 180
• 30 L. Ed. 388
• 1886 U.S. LEXIS 1979

Syllabus

<p>In a suit on bonds of the same issue as those adjudged to be invalid, in McOlure v. Township of Oxford, 94 U. S. 429, it was sought to uphold the bonds as issued under the general act of Kansas, of Search 2dj 1872, c. 68, the bonds purporting, by their face, to have' been issued undér the special act of March 1st, 1872, c. 158. As the general act required certain proceedings to be taken before the bonds could be law- ■ fully isshed, and the town records showed that those proceedings were not taken, and that all that was done was done under the special act, the ■possibility that the bonds were issued under the general act was excluded, and the recitals in the bonds could not aid the plaintiff-</p> <p>The case distinguished from Commissioners v. January, 94 U. S., 202, and Anderson County v. Beal, 113 U. S. 227.</p> <p>The certificate of the auditor of the State, endorsed on each bond, that it ■ was “ regularly and legally issued,” purporting to have been made -in accordance with the general act, could not-aid the plaintiff, because the bonds were not such as the auditor was authorized by that act to register and certify.</p> <p>The case distinguished, in that respect, from Lewis v. Commissioners, 105 U. S. 739.</p>