to such acquisition; Miller v. B. & O. R. R., 17 Fed. Cas. 305, holding Federal courts not bound to follow State decisions in questions involving general jurisprudence; In re Shelbourne, 21 Fed. Cas. 1234, holding Federal courts will follow Supreme Court decisions rather than those of State, in suits between citizens thereof and others; Brunswick Terminal Co. v. National Bank, 88 Fed. 611, holding decision that every right of action given by a statute is a specialty, not binding on Federal courts; Union Bank v. Board of Commrs. of Oxford, 90 Fed. 9, holding State decisions involving contracts between citizens of different States not binding on Federal courts; Roads v. Webb, 91 Me. 413, 64 Am. St. Rep. 251, 40 Atl. 130, holding lex fori governs in questions of general commercial law; Faulkener v. Hart, 82 N. Y. 418, 37 Am. Rep. 577, holding decisions of court of another State upon questions of commercial law, in conflict with local court's interpretation thereof, not binding; Storrie v. Cortes, 90 Tex. 287, 38 S. W. 156, 35 L. R. A. 668, holding constitutional prohibition of laws, impairing contracts, not violated by decision overruling previous decisions sustaining a contract, reviewing cases; dissenting opinion in State v. Butler, 13 Lea, 411, arguendo. Cited generally in Lynn v. Polk, 8 Lea, 177, and Vermont, etc., R. R. v. Central Vermont R. R., 63 Vt. 23, 21 Atl. 267, 10 L. R. A. 565. See note in 107 U. S. 35, 27 L. 365, 2 S. Ct. 22, collecting authorities; 98 Am. Dec. 681, extended note on municipal bonds and defenses. Cited, but without application, in Martin v. Tyler, 4 N. Dak. 302, 60 N. W. 400, 25 L. R. A. 847, and Bond Debt Cases, 12 S. C. 271. Distinguished in Louisville v. Cincinnati, 73 Fed. 730, holding State construction of powers of its cities binding; Township of Grant v. Township of Reno, 107 Mich. 414, 65 N. W. 378, holding valid judgment by Federal court against old township, conclusive upon new one carved therefrom. Taxation must be uniform and equal, p. 678. Cited in Verdery v. Summerville, 82 Ga. 141, 8 S. E. 214, State v. Mayor, 31 La. Ann. 16, and Railroad v. State, 60 N. H. 95, as to necessity for uniformity in taxation; State Board v. Central R. R., 48 N. J. L. 337, 350, 4 Atl. 592, 601, holding all kinds of property must be taxed uniformly or not at all; Buie v. Commrs. of Fayetteville, 79 N. C. 274, holding national bank shares taxable at place of owner's residence or of location of bank; Germania Sav. Bank v. Darlington, 50 S. C. 371, 27 S. E. 860, holding uniformity must be co-extensive with territorial limits of tax. Municipal corporation retaining fruits of its bond issue cannot repudiate same on ground of ultra vires, p. 679. Cited and principle applied in Union Hardware Co. v. Plume Co., 58 Conn. 222, 20 Atl. 455, State Board of Agriculture v. Citizens' Ry. Co., 47 Ind. 412, 17 Am. Rep. 707, and Wren v. Indianapolis, 96 Ind. 218, all holding corporation cannot escape obligations of contracks, under which it has received benefits, by pleading ultra vires; Board v. Lafayette Ry., 50 Ind. 107, collecting authorities on rules governing defenses and charges of ultra vires; Beach v. Wakefield, 107 Iowa, 585, 76 N. W. 694, holding quasi public corporations subject to rule; Brown v. Atchison, 39 Kan. 50, 7 Am. St. Rep. 525, 17 Pac. 472, stating rule as to liability for benefits received under ultra vires contract, and reviewing authorities; Hutchison, etc., Ry. ▼. Kingman Co., 48 Kan. 87, 30 Am. St. Rep. 288, 28 Pac. 1084, 15 L. R. A. 408, holding township retaining fruits of bond issue estopped from setting up irregularity thereof. Cited generally in Slater Woolen Co. v. Lamb, 143 Mass. 422, 9 N. E. 824. |