Legal Opinion

Perkins County v. Graff

Court of Appeals for the Eighth Circuit

Decided March 31, 1902No. 1,619PublishedCited by 13 opinions

In Error to* the Circuit Court of the United States for the District of Nebraska. • This was an action on coupons cut from bonds of Perkins county, Neb. The county defended on various grounds, which are noticed in the opinion.

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In Error to* the Circuit Court of the United States for the District of Nebraska. • This was an action on coupons cut from bonds of Perkins county, Neb. The county defended on various grounds, which are noticed in the opinion. The material facts established at the trial were these: On July 12, 1894, the Equitable Irrigation & Water Power Company, a corporation, submitted to the board of county commissioners of Perkins county, Neb., a proposition to construct a canal for the purpose of irrigation, the development of water power, and other useful purposes, from a point on the Platte river about…

1Opinion of the CourtSanborn, Circuit Judge

The first ground upon which the validity of the bonds and coupons in issue is challenged is that the voters of the county were bribed to vote for their issue, because the proposition of the irrigation company, which they voted to accept, contained the offer “to give employment in the construction of said canal to bona fide residents of *443Perkins county, Nebraska, so far as it shall not conflict with the completion o£ the work at the time herein stated.” But there was no corrupt or illegal inducement in this proposal. When electors are called upon to choose between great moral or political…

2Cases cited8 opinions

  1. Larimer County Reservoir Co. v. People ex rel. LutheSupreme Court of Colorado · 1885
  2. Thomas v. GuiraudSupreme Court of Colorado · 1883
  3. Board of Directors v. CollinsNebraska Supreme Court · 1895
  4. Paxton & Hershey Irrigating Canal & Land Co. v. Farmers & Merchants Irrigation & Land Co.Nebraska Supreme Court · 1895
  5. Clark v. Cambridge & Arapahoe Irrigation & Improvement Co.Nebraska Supreme Court · 1895

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3Cited by13 opinions

  1. Willey v. DeckerWyoming Supreme Court · 1903
  2. North Side Canal Co. v. State Board of Equalization of WyomingCourt of Appeals for the Eighth Circuit · 1926
  3. Reid v. City of MuskogeeSupreme Court of Oklahoma · 1929
  4. City of Rome v. Breed, Elliot & HarrisonCourt of Appeals of Georgia · 1918
  5. Klutts v. JonesNew Mexico Supreme Court · 1915

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