Legal Opinion

Smith v. Sac County

Supreme Court of the United States

Decided March 27, 1871PublishedCited by 59 opinions

Error to the Circuit Court for the District of Iowa. Samuel Smith sued the County of Sac, Iowa, on certain interest coupons attached to bonds purporting to have been issued by the county for the erection of a court-house.

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Error to the Circuit Court for the District of Iowa. Samuel Smith sued the County of Sac, Iowa, on certain interest coupons attached to bonds purporting to have been issued by the county for the erection of a court-house. According to the form of pleading in the Iowa courts, by petition and answer, which is adopted in the Circuit Court for that district, the plaintiff set out in a petition the adoption by vote of the people of the county, at a special election held July 7th, 1860, of a proposition submitted to them by the county judge, providing for the erection of a courthouse, to cost…

1Opinion of the CourtJustice Miller

The plaintiff sets-out in his petition all the proceedings, by vote of the county, which he deems necessary to authorize the issue of the bonds, with a copy of one of the bonds and coupons, and after describing, by number and otherwise, twenty-five of the coupons, avers that he is the owner and holder of them, that he received them in good faith before maturity and paid value therefor, and that the same are valid and legal claims against the county.

The defendant answers, denying each and every allegation of the petition, and then sets up. that the bonds were issued without authority of law,…

2Cited by59 opinions

  1. McNight v. ParsonsSupreme Court of Iowa · 1907
  2. Washington v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
  3. Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
  4. Pana v. BowlerSupreme Court of the United States · 1883
  5. Hamilton v. MarksSupreme Court of Missouri · 1876

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