Dallas County v. McKenzie
110 U.S. 686 (1884)

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U.S. Supreme Court

Dallas County v. McKenzie, 110 U.S. 686 (1884)

Dallas County v. McKenzie

Submitted January 16, 1884

Decided March 3, 1884

110 U.S. 686

Syllabus

Ralls County v. Douglas,105 U. S. 728, relating to bonds in counties in Missouri issued in payment of subscriptions to railway stock, approved and followed.

Marcy v. Township of Oswego,93 U. S. 637, Humboldt Township v. Long,92 U. S. 642, and Wilson v. Salamanca,99 U. S. 499, relating to the validity of such bonds in the hands of a bona fide holder, approved and followed.

When the records of a county court show that orders for subscriptions to stock were made at adjourned and special terms at which all the judges were present, and that the last order was made at a regular term, it will be presumed, in the absence of anything to the contrary, that the adjourned and special terms were regularly called and held.

This was an action to recover the amounts due on interest coupons of municipal bonds issued in payment of a subscription for $85,000 to railway stock. The bonds contained the following recital:

"This bond is issued pursuant to an order of the County Court of the County of Dallas, made on the 18th of May, A.D. 1871, and amended on the 19th of June, A.D. 1871, and on the 12th of August, A.D. 1871. "

Page 110 U. S. 687

There was no vote of the taxpayers of the county to authorize the subscription. The order of the county court made on the 18th May, purported to be made at "an adjourned term." The record did not show how this became an adjourned term. It was assigned as error that "the circuit court erred in admitting in evidence the orders of the County Court of Dallas County over the objections of plaintiff in error."

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