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Town of Venice Vs. Murdock

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  • US Supreme Court
  • Jan 01, 1875

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  1. U.S. 494 (1875) U.S. Supreme Court Town of Venice v. Murdock
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  2. U.S. 494 (1875) Town of Venice v. Murdock
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  3. the condition precedent to the exercise of their authority to issue the bonds had been complied with. Commissioners v. Nichols
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  4. Without citing the numerous decisions which sustain this statement of the law, we refer only to St. Joseph Township v. Rogers
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  5. Wall. 644, and Town of Coloma v. Eaves
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  6. that in the State of New York it has been held adversely to the opinions we have expressed. It was so held in Starin v. Town
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  7. of Genoa and in Gould v. Town
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  8. differing in some material particulars. These decisions are in conflict with the rulings of this Court in Bissell v. Jeffersonville
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  9. Knox County v. Aspinwall
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  10. Mercer County v. Hackett
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  11. other cases which we have cited. They are in conflict also with decisions in other state courts. Society for Savings v. New
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  12. Railroad Company v. Evansville
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  13. Comm'rs v. Nichols
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  14. of two-thirds of the resident taxables whether the supervisors and commissioners might act under the power. In Gould v. Sterling
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  15. the legislative act required no affidavit to be filed with a statement of the assenting taxpayers, and in Starin v. Genoa
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  16. it was wholly useless, for the assessment rolls of the township would have shown as much. The authority of Starin v. Genoa
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  17. has not been increased by the subsequent action of the New York courts. In People v. Mead
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  18. N.Y. 114, the ruling was followed, but Judge Denio, who only gave an opinion, claimed that the decision in Starin v. Genoa
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  19. the ground that the bonds were not issued upon a loan, and that the plaintiff was not a bona fide holder. People v. Mead
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  20. But assuming that what was ruled in Gould v. Sterling
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  21. and in Starin v. Genoa
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  22. denied in this Court, in the Supreme Court of Pennsylvania, and even in the Court of Appeals of New York. People v. Mead
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  23. Town of Venice v. Woodruff
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  24. MR. JUSTICE MILLER, MR. JUSTICE DAVIS, and MR. JUSTICE FIELD, dissented. NOTE -- The cases of Town of Venice v. Woodruff
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  25. Same v. Watson
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  26. Same v. Edson
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  27. Town of Venice v. Murdock
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  28. delivered the opinion of the Court. These cases are, in all essential particulars, like the case of Town of Venice v. Murdock
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  29. U.S. Supreme Court Town of Venice v. Murdock
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  30. Commissioners v. Nichols
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  31. St. Joseph Township v. Rogers
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  32. and Town of Coloma v. Eaves
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  33. Starin v. Town
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  34. Gould v. Town
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  35. Bissell v. Jeffersonville
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  36. Savings v. New
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  37. In Gould v. Sterling
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  38. Starin v. Genoa
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  39. of Starin v. Genoa
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  40. In People v. Mead
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  41. People v. Mead
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  42. Gould v. Sterling
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  43. the Court of Appeals of New York. People v. Mead
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  44. of Town of Venice v. Woodruff
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  45. of Town of Venice v. Murdock
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