The national Republican., 1867-01-30
The C0IlFta.

SUPREME CoURT OF THE UNITED STATES
TUESDAY, January q, 1857
On motion Of Mr.. Carlisle, Walter O. Hopkins
Esq, Of Montana Territory, was admitted an at.
torney and counsellor Of this court.
On motion Of Mr.. Woolworth, James Tufts, Esq /,
Of Montana Territory was admitted an attorney
and counsellor Of this court
No. ll2. The schooner Flying Scud and cargo,
B. Cayman OF al, claimants, appellants vs.. The
United States. On motion Of counsel the decree Of
dismissal In this cause entered at the present term
was ordered by the court to be rescinded and an
nulled, and the appeal reinstated on the docket
No. 1873. The Washington, Alexandria, and
Georgetown Steam Packet Company, plaintiffs in
Of this cause was concluded by Mr.. Carlisle, Of
counsel for the plaintiff in error.
No. 1877. The Mayor, 6o., Of the city Of Now
York. plaintiffs In error, ys. William p. sheield.
This cause was argued by Mr.. 0'Gorman, Of ooun.
sol for plaintiffs in error and by Mr.. Sheffield, the
defendant In error.
No. 100 The United States, appellants, vs..
Louisa p. Le GardeurDe Repentignsy ct al The
argument Of this cause was commenced by Mr.. Rus.
sell. Of counsel for the appellants.
Adjourned until tomorrow at IL o'clock
County RepWdiation Of fMaTshaH C0aH.
ty (W) Bonds, in The Hands Of Gen. SehsHek-
Board of SnperVisorS Of ALayShaH County, Plain
ti65 "a error, pS. Robert G. iSchenek-This was an
action brought by the defendant in error Gen Robt,
O. sohsnok, q citizen Of Ohio and member Of Con.
Bress from tnht btAte, against the plhlntln5 In
error, In the Circuit Court for the northern dis
trict Of Illinois, to recover the interest due upon
certain bonds Of the value Of $l00 900, which
issued by the county Of Marshall, in that State to
the Western Air Line Railroad Company, in pay.
ment for one thousand shares Of the stock Of that
| company.
Judgment below was for the plaintiff, there, on
demurrer to his replication setting forth that the
bonds and coupons Issued and delivered TO the
company as above set forth, the stock OF the com
pany being received by the county, the latter en-
joying all the rights of q stockholder; that the
bonds were Immediately sold by the company to
him (plantid below for value, without any notice
Of want Of authority to execute them, other thar
the constructive notice which might be implied
from their record that ever since the date of th'
bonds and coupons the Board Of Supervisors Of tn,
| county have annually levied and! collected the
necessary taxes, and paid the interest on The
bonds and that by those acts the bonds and coupon
have been ratified, and are now binding on tn,
| county.
Tho Board Of Supervisors appeal from the judg
ment sustaining the PLAINTIFF claim. and the only
question presented 10 this court is, whether thosI
| bonds are void In the hands Of innocent holder
before maturity because the election which author
iIed their issue was called by the county court o
the county, instead Of the Board Of Supervisors
notwithstanding all tho subsequent proceeding
| were Irregular and the county has for seVeTa
years levied taxes to pay the interest on them as 4
fell due.
The appellants rely mainly upon a decision o.
| the Supreme Court OF the State of Illinois In th,
case Of Cook against tho Board Of Supervisors
holding that these bonds were void because, unde
a statute Of the State Of ls49, the Board Of Super
visors had succeeded to the powers Of the county
court In respect to the call for elections to deter
mine the propriety of creating county debt, anC
that such being the fact the bonds irregularl,
issued In pursuance Of Q vote at an election calsI