Anderson County Commissioners v. Beal

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Anderson County Commissioners v. Beal
Seal of the United States Supreme Court.svg
Argued January 9, 1885
Decided January 26, 1885
Full case nameAnderson County Commissioners v. Thomas P. Beal
Citations113 U.S. 227 ( more )
5 S. Ct. 433; 28 L. Ed. 966
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller  · Stephen J. Field
Joseph P. Bradley  · John M. Harlan
William B. Woods  · Stanley Matthews
Horace Gray  · Samuel Blatchford
Case opinions
MajorityBlatchford, joined by unanimous

Anderson County Commissioners v. Beal, 113 U.S. 227 (1885), was a United States Supreme Court case.

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.

Contents

Background

Bonds issued by Anderson County, Kansas, under legislative authority, and in payment of its subscription to the stock of a railroad company, after the majority of the voters of the county had at an election, voted in favor of subscribing for the stock and issuing the bonds, recited, on their face, the wrong statute, but also stated that they were issued "in pursuance to the vote of the electors of Anderson County, September 13, 1869." The statute in force required that at least 30 days' notice of the election should be given, and made it the duty of the Board of County Commissioners to subscribe for the stock and issue the bonds, after such assent of the majority of the voters had been given. In a suit against the board on coupons due on the bonds, brought by a bona fide holder of them, it appeared, by record evidence, that the board made an order for the election 33 days before it was to be held, and had canvassed the returns and certified that there was a majority of voters in favor of the proposition, and had made such vote the basis of their action in subscribing for the stock and issuing the bonds to the company, and the court directed the jury to find a verdict for the plaintiff. [1]

Bond (finance) instrument of indebtedness

In finance, a bond is an instrument of indebtedness of the bond issuer to the holders. The most common types of bonds include municipal bonds and corporate bonds.

Anderson County, Kansas County in the United States

Anderson County is a county located in East Central Kansas, in the Central United States. As of the 2010 census, the county population was 8,102. Its county seat and most populous city is Garnett.

After the plaintiff had offered in evidence the coupons sued upon, and one of the bonds (the bond having on it a certificate of the auditor of the state, dated March 27, 1872, that it had been regularly issued, and had been duly registered in his office under the Act of March 2, 1872, and a guarantee by the company of the payment of it and of its coupons), and the order of August 11, 1869, and the proceedings of September 17, 1869, and July 8, 1870, and September 5, 1870, and a copy of the registration of the bonds in the office of the auditor of the state, he rested his case. Thereupon the defendant demurred to the evidence and asked the court to declare the law to be that upon the pleadings and proofs the plaintiff was not entitled to recover; but the court refused so to do, and the defendant excepted.

The defendant then introduced the two resolutions of November 5, 1869, above set forth, and also gave evidence for the purpose of showing that previous notice of the holding of the election was published in a newspaper at Garnett only twenty-four days before the day of the election, and not thirty days. There was also evidence given in reply by the plaintiff to show that the county paid the interest on the bonds every year, down to that which fell due January 1, 1881; that in March 1872, when the bonds were registered in the office of the auditor of the state, they belonged to the company, and that it afterwards sold them for full value to various parties. At the close of the evidence, the court instructed the jury to find a verdict for the plaintiff, and the defendant excepted to such instruction.

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Liverpool, New York & Philadelphia S. S. Co. v. Commissioners of Emigration, 113 U.S. 33 (1885), was a case decided by the United States Supreme Court, in which the court held that the plaintiff was in error, being a corporation under the laws of Great Britain, and an alien, had brought this action in the circuit court of the United States for the Southern district of New York, the defendant being a corporation of that state.

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Findlay v. McAllister, 113 U.S. 104 (1885), was a suit brought against Thomas McAllister and 14 other defendants, to recover damages as follows:

Central Railroad & Banking Co. of Ga. v. Pettus, 113 U.S. 116 (1885), was an appeal from a decree of the Circuit Court of the United States for the Middle district of Alabama in favor of the appellees, Pettus & Dawson and Watts & Sons, adjudging them entitled to the sum of, 161.21, and interest thereon at eight percent per annum from March 7, 1881, with lien, to secure its payment, upon the roadbed, depots, side tracks, turnouts, trestles, and bridges owned and used by the appellants, corporations of the State of Georgia, in operating the railroad formerly belonging to the Montgomery and West Point Railroad Company, an Alabama corporation, and which extends from Montgomery to West Point, with a branch from Opelika to Columbus. This property was directed to be exposed to sale unless within a given time the said amount was paid. This suit is the outgrowth of certain litigation in the courts of Alabama relating to the before-mentioned and other railroad property in which the appellants are interested.

Ackley School District v. Hall, 113 U.S. 135 (1885), was a suit to recover principal and interest claimed to be due the defendant on negotiable bonds issued by the plaintiff.

Price v. Pennsylvania Railroad Co., 113 U.S. 218 (1885), was a case where the plaintiff sued the defendant for the loss of her husband by a death which the jury found, by a special verdict, to be caused by the negligence of the company's servant or servants.

Dakota County v. Glidden, 113 U.S. 222 (1885), was a motion to dismiss a suit issued in aid of a railroad. Judgment for the plaintiff. The defendant brought a writ of error to reverse it. Subsequently, to the judgment, Dakota County, Nebraska settled with the plaintiff and other bondholders, by giving them new bonds bearing a less rate of interest, and the old bonds, which were the cause of action in this suit, were surrendered and destroyed. These facts were brought before this Court by affidavits and transcripts from the county records, accompanied by a motion to dismiss the writ of error.

Hardin v. Boyd, 113 U.S. 756 (1885), was a motion to dismiss a lawsuit on county bonds issued in aid of a railroad. Judgment below for the plaintiff. The defendant brought a writ bf error to reverse it. Subsequently, to the judgment, the county settled with the plaintiff and other bondholders, by giving them new bonds bearing a less rate of interest, and the old bonds, which were the cause of action in this suit, were surrendered and destroyed. Fraud and collusion was alleged in the handling of a will which transferred ownership of property in Crittenden County, Arkansas. These facts were brought before this Court by affidavits and transcripts from the county records, accompanied by a motion to dismiss the writ of error.

Spaids v. Cooley, 113 U.S. 278 (1885), was regarding a lawsuit brought to the Supreme Court of the District of Columbia on December 13, 1876, by Chauncey D. Spaids against Dennis N. Cooley to recover 593.70, with interest from July 1, 1868. The declaration contained the common money counts and nothing more. There were two pleas, one denying indebtedness and the other averring that the alleged cause of action did not accrue within three years before the suit. The plaintiff's reply joins issue on the first plea and as to the second plea avers that the defendant promised to pay the debt named in the declaration within three years next before the commencement of the suit. At the trial, the jury found "the issue in favor of the defendant", and there was a judgment accordingly at special term. The plaintiff appealed to the general term, which affirmed the judgment, and he brought the case here by a writ of error.

Sully v. Drennan, 113 U.S. 287 (1885), was an appeal from an order of the Circuit Court for the Southern District of Iowa remanding to the state court a case which had been removed from the state into the circuit court. The suit was brought originally in the district court of the state by James N. Drennan and others, taxpayers of Prairie Township, in the County of Mahaska.

Baylis v. Travelers' Insurance Company, 113 U.S. 316 (1885), was a case where after close of testimony in a trial, the defendant moved to dismiss on the ground of the insufficiency of the evidence to sustain a verdict. This motion was denied and the plaintiff asked that the case be submitted to the jury to determine the facts on the evidence. The court refused this, and plaintiff excepted. The court then ordered a verdict for plaintiff, subject to its opinion, whether the facts proved were sufficient to render defendant liable to plaintiff on the cause of action stated. Plaintiff moved for judgment on the verdict, and defendant moved for judgment on the pleadings and minutes of trial. Judgment was rendered for defendant upon an opinion of the court as to the effect of the evidence and as to the law on the facts as deduced from it by the court. Held that the plaintiff was thereby deprived of his constitutional right to a trial by jury, which he had not waived, and to which he was entitled.

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Kansas Pacific R. Co. v. Dunmeyer, 113 U.S. 629 (1885), was a writ of error to the Supreme Court of Kansas. The action was brought in that court on a covenant of warranty of title to two pieces of land in a deed of conveyance made by the Kansas Pacific Railroad Company to Dunmeyer. The Pacific Railroad Acts generally allowed railroads to sell public land adjacent to their routes as part of a land grant to raise funds but made an exception for land that already had a homestead filed. G. B. Dunmeyer claimed he purchased land that already had an existing claim.

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References

  1. Anderson County Commissioners v. Beal, 113 U.S. 227 (1885).
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