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CROW V. OXFORD, 119 U. S. 215 (1886)

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U.S. Supreme Court

Crow v. Oxford, 119 U.S. 215 (1886)

Crow v. Oxford

Submitted October 25, 1886

Decided November 29, 1886

119 U.S. 215


In a suit on bonds of the same issue as those adjudged to be invalid, in McClure v. Township of Oxford, 94 U. S. 429, it was sought to uphold the bonds as issued under the General Act of Kansas of March 2d, 1872, c. 68, the bonds purporting, by their face, to have been issued under the Special Act of March 1st, 1872, c. 158. As the general act required certain proceedings to be taken before the bonds could be lawfully issued, and the town records showed that those proceedings were not taken, and that all that was done was done under the special act, the possibility that the bonds were issued under the general act was excluded, and the recitals in the bonds could not aid the plaintiff.

The case distinguished from Commissioners v. January, 94 U. S. 202, and Anderson County v. Beal, 113 U. S. 227.

The certificate of the auditor of the state, endorsed on each bond, that it was "regularly and legally issued," purporting to lave been made in accordance with the general act, could not aid the plaintiff, because the bonds were not such as the auditor was authorized by that act to register and certify.

The case is distinguished, in that respect, from Lewis v. Commissioners, 105 U. S. 739.

The case is stated in the opinion of the Court.

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