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Hoff v. County of Jasper

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eBook details

  • Title: Hoff v. County of Jasper
  • Author : United States Supreme Court
  • Release Date : January 07, 1884
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

The facts in this case are, in all respects, the same as those in Anthony v. County of Jasper, 101 U. S. 693, except that here it is expressly found that the subscription of the township which was voted had actually been made by the county court, and accepted by the railroad company before the act providing for the registration of bonds was approved, while there the acceptance of the subscription before the approval of the act did not appear, unless by implication. The vote of the township was taken on the fifth of March, 1872; the order of the county court for the subscription entered on the twenty-eighth of March, and on the same day the subscription was actually made and accepted. The registration act was approved March 30th. Upon the additional fact found in this case it is insisted (1) that if the registration act was applicable to the bonds now in question, it impaired the obligation of the contract of subscrption, and is therefore, so far as such application is concerned, in contravention of article 1, § 10, cl. 1, of the constitution of the United States; and (2) that it was retrospective in its operation, and therefore in contravention of article 1, § 28, of the constitution of Missouri, which is 'that no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, can be passed.' It is also insisted that the fourth section of the act is in contravention of the constitution of Missouri, because it delegates the exercise of judicial power to an executive officer of the state.


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