OpenJurist

115 US 288 Jacks v. City of Helena

6 S.Ct. 39

115 U.S. 288

29 L.Ed. 392

JACKS
v.
CITY OF HELENA. (Two Cases.)

Filed November 9, 1885.

M. T. Sanders, for the motion.

J. C. Tappan and I. J. Hornor, against the motion.

WAITE, C. J.

1

These motions are granted on the authority of Detroit City Ry. Co. v. Guthard, 114 U. S. 133; S. C. 5 Sup. Ct. Rep. 811, and the cases there cited. It appears distinctly on the face of the opinion of the court below, which by the laws of Arkansas forms part of the record, (Rev. St. Ark. 1884, § 1318,) that the decision of the case was put, and properly put, on a ground which did not involve a consideration of the federal question that may possibly have been presented by one of the several defenses set up in the answer of the city, to-wit, that the constitution of 1874 prohibited the issue of the bonds in dispute. In fact, it is intimated in the opinion that if the case had rested on this defense alone, the judgment would have been the other way. Dismissed.