Melville Fuller

“ The power invoked is not the power to tax to pay judgments, but the power to tax to pay bonds, considered as distinct and independent; and therefore, when the relator is obliged to go behind his judgments as money judgments merely, to obtain the remedy pertaining to the bonds, the court cannot decline to take cognizance of the fact that the bonds are utterly void, and that no such remedy exists. ”

“ Under section 13 of the act incorporation the Missouri & Mississippi Railroad Company, taxes might be levied to pay bonds issued thereunder, but not to exceed one-twentieth of 1 per cent. upon the assessed value for each year. Harshman recovered judgment upon bonds and coupons issued by Knox county in part payment of a subscription made by said county to the capital stock of the Missouri & Mississippi Railroad Company, upon a petition setting forth that the subscription was authorized under the seventeenth section of the general railroad law. ”