Commercial Bank of Cleveland v. Iola, 154 U.S. 617 (1875)

U.S. Supreme Court

Commercial Bank of Cleveland v. Iola, 154 U.S. 617 (1875) Commercial Bank of Cleveland v. Iola

No. 741

Submitted December 9, 1874

Decided February 1, 1875

154 U.S. 617

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF KANSAS

Syllabus

Loan Association v. Topeka, 20 Wall. 655, followed.

MR. JUSTICE MILLER delivered the opinion of the Court.

The only difference between this case and that of The Citizens' Bank v. Topeka, just decided, (Loan Association v. Topeka, 20 Wall. 655) is that the bonds were issued before the general Act of February 29, 1872, there being at that time no statute of Kansas which professed to authorize the proceeding. But after the vote in favor of issuing the bonds, an act of the legislature ratified the vote and authorized the city officers to deliver the bonds and to levy the taxes necessary to pay their principal and interest. They were issued to a private corporation to aid in constructing and operating foundry and machine shops.

This is all that is necessary to be said, and it shows that the

Page 154 U. S. 618

case comes within the principles of the one just decided, and that the judgment of the circuit court holding the bonds void must be

Affirmed.