The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-27
T BE COU r T S.
Proceedings in Acknowledgements Moieties :
Alleged False Imprisonment-The
Erie Litigation.
UNITED STATES SUPREME COURT.

The City OF Richmond Attempting Ia Evadc
Payment Of ITS Obligations-Lcgal Effects
Of the Amnesty Proclamation.
WASHINGTON, d. c., Oct. 20, 1871
No. 100. Exams rs. CITY or Richn,ond-Error to
the Circuit Court for the District OF virgnia-This
is an action brought against the corporation Of
Richmond TO recover certain notes OF a denomina-
ton less than S. Issued by Its authority
during the year 1891. The determination
OF tho cause depends upon the question
whether the City Council under the charter Of
the corporation had power to issue the notes. The
defence IS that the notes vod because they were
issued IN violation OF the provisions OF the city
chart er, which nowhere grants such powers;
because 1t is IN violation OF the general laws OF the
State against issuing any 'note or other account"
py any person with intent to create q circulating
medium;'' because in violation Of the laws OF the
United States in that they were issued in and Of The
Of the State, which provides that no appropi ation
snau ever be made for the payment OF any debt or
SGCaon created In the name Of the state Of
authorities assembled at Richmond during the war;
sHa that c No county city corporation shall
any debt created for the purpose Of aiding any re-
bellion against the State or against the United
Legislature, which intended to render the notes
valid, II is commended that no Legislature can BY
corporation valid which at the time it was entered
into the corporation had no power to make. II Is
also insisted That the Legislature which passed the
and, therefore, had no authority TO pass the act re-
lied on to sustain the validity OF the notes. The
fence and the Judgment was for the CITY, Il Is here
commended that the city, being corporation by its
with, and. generally having "a II rights ;'; and
franchises, capacities and powers appertainlng to
municipal corporations It is liable on the notes for
which 1t has actually received value. Even II 1t
could avail IN defence to show for what purpose the
money received was used, yet the purpose or object
not affected by the use which the corporation made
OF the money received on the notes. Nor was it
known to the plantfrs tcalmants) what use would
be made OF the money when 1t was advanced. The
ordinances OF the city did not reveal the fact even
If they had been looked TO.
No. ITO. ArerV Us United Staes-Error to the
Circuit Court FOR the western District Of Tennes-
see.-This Is q writ or error from refusal Of the
Court below to enter q satisfaction OF judgment
recovered by the United States against Avery, as
surety postmaster's Official bond and to grant
writ Of d,sdta Queseta, prayed for on the ground
that the United States by their ocers received for
rents of lands. &C. seized under the captured aud
abandoned property act, belonging to him
$1,000 which Avery was entitled to have
from the government as so much money by it
due and received Tor his use and that by the reten
surety was, in fact paid and satisfied. It is
mere claimed that the unconditional pardon and
to the moneys eazea or game e aw ren
OF o MS property. As soon as he. was thus
don, the United States alone having claim I TO
them they were restored to him. The United States
aeiGasng neyesrheless to pay them over to nim
ton OF the Judgment was erected by operation or
law i was paid. The government sustains the rul-
ment recovered by the government is satisfied and
the Court Improperly refuses enter satisfaction
the the proper remedy would seem to be by writ Of