Legal Opinion

Board of Com'rs v. Platt

Court of Appeals for the Eighth Circuit

Decided March 22, 1897No. 803PublishedCited by 85 opinions

In Error to the Circuit Court of the United States for the District of Colorado. This writ of error was sued out to reverse a judgment in favor of George W. Platt, the defendant in error, and against the board of county commissioners of the county of Lake, the plaintiff in error, upon certain coupons cut from judgment bonds issued by that corporation.

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In Error to the Circuit Court of the United States for the District of Colorado. This writ of error was sued out to reverse a judgment in favor of George W. Platt, the defendant in error, and against the board of county commissioners of the county of Lake, the plaintiff in error, upon certain coupons cut from judgment bonds issued by that corporation. The complaint contained allegations that on April 16, 1891, a judgment for $60,000 was rendered against the plaintiff in error in favor of Daniel E. Parks, in the district court of Arapahoe county, in the state of Colorado; that the plaintiff in…

1Opinion of the CourtSanborn, Circuit Judge

The prohibition of the constitution of Colorado is against the creation of a debt in excess of the limit there prescribed. If the Parks judgment against the board of county commissioners of Lake county on April 16, 1891, evidenced a vaíid indebtedness of that county, the issue of the bonds 1‘rom which the coupons in suit were cut in payment of that judgment was not (he creation of a debt, and did not fall under the ban of the constitution. It was but the extension of the time of payment of a debt already existing and due, pursuant to plenary authority given to the board oí county…

2Cases cited47 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. Hunt v. . HuntNew York Court of Appeals · 1878
  3. McCormick v. SullivantSupreme Court of the United States · 1825
  4. Gaines v. FuentesSupreme Court of the United States · 1876
  5. Christmas v. RussellSupreme Court of the United States · 1866

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3Cited by85 opinions

  1. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  2. Clay v. WatersCourt of Appeals for the Eighth Circuit · 1910
  3. James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
  4. Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
  5. Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920

80 more not listed; retrieve them via the Exa API.

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