Welch v. Ste. Genevieve
U.S. Circuit Court for the District of Missouri
Motion to appoint a commissioner to levy and collect taxes to pay the plaintiff’s judgment. The ease is this: On the 9th day of September, 1865, the plaintiff filed in this court his declaration on certain negotiable bonds issued by the city of Ste. Genevieve, and the summons was served on the 11th day of the same September, on “Francis C. Ro-zier, president of the board of aldermen, and acting mayor” of the said city.
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Motion to appoint a commissioner to levy and collect taxes to pay the plaintiff’s judgment. The ease is this: On the 9th day of September, 1865, the plaintiff filed in this court his declaration on certain negotiable bonds issued by the city of Ste. Genevieve, and the summons was served on the 11th day of the same September, on “Francis C. Ro-zier, president of the board of aldermen, and acting mayor” of the said city. The record in that case recites an appearance by counsel for the city and an agreement that the defendant will enter its appearance at the next term. At the October term, I860,…
1Opinion of the Court
DILLON, Circuit Judge.
This application presents novel and interesting questions, some of which are of first impression. These will be noticed, however, only so far as may be necessary to reach a conclusion. The city corporation not now appearing by counsel, and the record of the judgment upon the bonds against the city reciting an appearance by it, and service of the summons haying been made upon the last chief officer of the city, the validity of the judgment must, in this proceeding, be assumed. 1 Rev. St. 1855, § 2, art. 2; Muscatine Turn Verein v. Funck. 18 Iowa, 469.
The city of Ste.…
2Cases cited6 opinions
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
- Lea v. HernandezTexas Supreme Court · 1853
- President & Trustees of the Town of Mendota v. ThompsonIllinois Supreme Court · 1858
- Verein v. FunckSupreme Court of Iowa · 1865
- Board of Commissioners v. CoxIndiana Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Combes v. KeyesWisconsin Supreme Court · 1895
- United States Bank v. City of KendallU.S. Circuit Court for the District of Kansas · 1910
- Kelley v. Mississippi Central R.United States Circuit Court · 1880