Hardin V. Boyd
   HOME

TheInfoList



OR:

''Hardin v. Boyd'', 113 U.S. 756 (1885), was a motion to dismiss a
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
on county bonds issued in aid of a
railroad Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a pre ...
. Judgment below for the plaintiff. The
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
brought a writ of error to reverse it. Subsequently, to the judgment, the county settled with the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
and other
bondholders In finance, a bond is a type of security under which the issuer (debtor) owes the holder (creditor) a debt, and is obliged – depending on the terms – to repay the principal (i.e. amount borrowed) of the bond at the maturity date as well as i ...
, by giving them new bonds bearing a less rate of interest, and the old bonds, which were the cause of action in this suit, were surrendered and destroyed. Fraud and collusion was alleged in the handling of a will which transferred ownership of property in
Crittenden County, Arkansas Crittenden County is a county located in the U.S. state of Arkansas. As of the 2010 census, the population was 50,902. The county seat is Marion, and the largest city is West Memphis. Located in the Arkansas Delta, Crittenden County is Arkan ...
. These facts were brought before this Court by affidavits and transcripts from the county records, accompanied by a motion to dismiss the writ of error.. The court saw no reason to impeach the transaction by which the new bonds were substituted for the old, and for the judgment it was asked to reverse, so the writ of error was dismissed.


References


External links

* United States Supreme Court cases United States Supreme Court cases of the Waite Court 1885 in United States case law Crittenden County, Arkansas {{SCOTUS-case-stub