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Commissioners of Johnson County v. January, 94 U.S. 202 (1876)

Commissioners of Johnson County v. January

94 U.S. 202*


1. Where, upon the performance of certain conditions precedent, the issue of bonds to a railroad company by the board of commissioners of a county in Kansas is authorized by law, the bonds, when issued, if they recite such performance, are, in the hands of a bona fide holder for value, binding upon the county.

2. The acceptance and holding by the county of the certificate of stock of the company, the issue and delivery of the bonds to the company, and the payment of interest on them for a time, cured the defects, if any existed, as to the order for submitting the question of subscription to a popular vote, and authorized a bona fide taker of the bonds to presume that everything necessary to their validity had been properly done.

3. The fact that the act under which the bonds were issued is erroneously referred to in their recitals does not render them void.

The case is stated in the opinion of the Court.

Page 94 U. S. 203

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