Supervisors v. Galbraith

ERROR to the District Court of the United States for the District of Mississippi.

This was an action brought by William B. Galbraith, a citizen of Tennessee, against the board of supervisors of Calhoun County, Mississippi, on certain bonds and coupons thereto attached. The bonds are in the words and figures following, except as to the numbers and amounts, and a copy of one of the coupons is hereto annexed. They differ only as to the time of payment and the reference to the bond to which they are attached. 'Bond No.--.

'COUNTY OF CALHOUN, STATE OF MISSISSIPPI.

'500.]

[500.

'Be it known that the county of Calhoun, State of Mississippi, is indebted unto and promises to pay the Grenada, Houston, and Eastern Railroad Company, or bearer, at the agency of said company in the city of New York, two years from the date hereof, five hundred dollars, lawful money of the United States of America, with interest at the rate of eight per cent per annum, payable semiannually on the first day of March and September of each year, on the presentation and surrender of the proper coupon hereto annexed.

'This bond is one of a series of bonds issued and delivered to the Grenada, Houston, and Eastern Railroad Company by Calhoun County, to meet and pay off the amount subscribed by said county to the capital stock of the railroad company aforesaid, in pursuance of an act of the legislature of the State of Mississippi, entitled 'An Act to aid in the construction of the Grenada, Houston, and Eastern Railroad,' approved Feb. 10, 1860, and of an act amendatory thereof, passed March 25, 1871, and in obedience to a vote of the people of said county at an election held in accordance with the provisions of said acts.

'In witness whereof, the board of supervisors of said county have caused the signature of the president of said board to be hereto affixed, countersigned by the clerk, with his official seal affixed, and who have also signed the coupons hereto attached at their office in Pittsboro', this first day of September, 1871.

(Signed) 'JOEL ABNEY,

'Pres't B'd of Supervisors.

'J. S. RYAN, Clerk.'

'Coupon.

'UNITED STATES OF AMERICA:

'$4.00.]

[$4.00.

'The county of Calhoun will pay to the Grenada, Houston, and Eastern Railroad Company, or bearer, four dollars at their agency in the city of New York, on the first day of March, 18__, being six months' interest on bond No. ___.

(Signed) 'JOEL ABNEY,

'Pres't B'd Supervisors.

'J. S. RYAN, Clerk.'

In addition to the plea of nil debet, the defendant filed several special pleas, all of which were demurred to. The demurrers were sustained, and judgment was rendered against the defendants. They then sued out this writ. Their assignment of errors is referred to, and the remaining facts are set forth in the opinion of the court.

Mr. Philip Phillips for the plaintiffs in error.

Mr. Wiley P. Harris, contra.

MR. JUSTICE SEAYNE delivered the opinion of the court.