Page:Federal Reporter, 1st Series, Volume 2.djvu/40

 TOWNSHIP OF AROMA V. AUDITOR PUBLIC ACCOUNTS. 33 �ment to pay off any encumbrance, would bave the right to discharge the debt, with interest, and to oompel the plaintiff to resort to bis warranty for the enforcement of the claim which he had in consequence of having paid the taxes due. The resuit is that tho demarrer must be sustained and the bill dismissed. ���TowNSHip OF Aroma V. AuDiTOR oF PuBUC AccouNTS and �others. �iClrcuit Court, N. D. IlUnois. February 14, 188a) �SeUOTAL — JSÎKCBSSART PARTIES — StaTB AND COTJNTT OfFICEIîS — TOWS- �smp Bonds. — State and county offlcers mrrely authorized to levy, col- lect and disburse the taxes required to pay certain bonds, are not neces- sary parties to a controversy, between citizens of difEerent States, as to the vaiidity of said bonds. �Motion to remand. �Blodgeït, D. J. This is a tiaotion to remand this case to the circuit court of Kankakee county, from which it was removed, on the petition of defendants the Portsmouth Savings Bank, and the Appleton National Bank. �The cause is a bill in equity, ftled by the complainant, one of the townships of Kankakee county, against the auditor of public accounts of this state, the treasurer of this state, the county elerk and county treasurer of Kankakee county, the Portsmouth Savings Bank, of Portsmouth, New Hampshire, the Appleton National Bank, of Lowell, Massachusetts, and several other persons who are alleged to be residents of Lowell, Massachusetts. �The bill charges that, under the pretended authority of certain acts of the legislature of Illinois, said town issued ita bonds to the amount of |36,500, to aid in the construction of a railroad, which the Kankakee & Indiana Eailroad Company, a corporation constituted by the laws of said state, was au- thorized to construct and maintain. �v.2,no.l— 3 ����