Summary

Portrait of William Burnham Woods William Burnham Woods County of Clay v. Society for Savings…

First, the bonds recite that they were issued under and pursuant to the orders of the board of supervisors of Clay County, as authorized by virtue of the laws of the State of Illinois. The act of Nov. 6, 1849, authorized the judges of the county court to issue the bonds only in case a majority of the voters of the county, taking as a standard the number of votes thrown at the next preceding general election, should vote in favor of the proposition to subscribe to the stock of some designated railroad company, and pay for it by the issue of county bonds.
Source: Wikisource

Portrait of William Burnham Woods William Burnham Woods County of Clay v. Society for Savings…

The second answer is, that if the county had, under the law, authority to issue bonds, and did issue them, and they went into circulation and came to the hands of a bona fide holder, he was not, in a suit upon them, required to aver or prove the performance of an of the requisites necessary to give them validity. The want of such performance is a matter of defence, and the burden of proof is upon the county to establish it.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature