113 U.S. 339 - Town of Santa Anna v. Frank

H. Spencer, for plaintiff in error.

T. C. Mather, for defendant in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court: 1. There is no special finding of facts, and the general finding of the issues for the plaintiff is not open to review by this court. Town of Martinton v. Fairbanks, 112 U. S. 670; S. C. ante, 321

2. The questions discussed by counsel for the defendant as to the legal authority of the town to issue the bonds referred to, fairly arise upon the first count of the declaration. But their determination cannot affect the judgment, for the common counts are sufficient under the statutes of Illinois to support the judgment, without reference to any question of the legal authority to issue the bonds described in the first count. Rev. St. Ill. 1870, c. 110, § 58; Bond v. Dustin, 112 U. S. 604; S. C. ante, 296.

Judgment affirmed.