Frank v. Butler County
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This is a bill in equity by appellants, the executrices of Augustus Frank, resident citizens of the state of New York, against the appellee, Butler county, in the state of Nebraska, seeking to recover the principal and interest of 40 bonds held by said Frank at the time of his death, claimed to have been issued by said county in aid of tbe construction of tbe Lincoln & Northwestern Railroad…
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Appeal from the Circuit Court of the United States for the District of Nebraska. This is a bill in equity by appellants, the executrices of Augustus Frank, resident citizens of the state of New York, against the appellee, Butler county, in the state of Nebraska, seeking to recover the principal and interest of 40 bonds held by said Frank at the time of his death, claimed to have been issued by said county in aid of tbe construction of tbe Lincoln & Northwestern Railroad Company. On the 1st day of May, 1879, the commissioners of said county passed a resolution to submit a proposition to the…
1Opinion of the CourtPhilips, District Judge
That the bonds in question are unenforceable at law is not debatable. The Constitution above quoted expressly declares that “no bonds or evidences of indebtedness so issued shall be valid unless the same shall have endorsed thereon a certificate signed by the Secretary and Auditor of State showing that the same is issued pursuant to law.” The act of the Legislature required the Auditor to examine the statement and bonds submitted to him for registration, and, if satisfied that they had been voted in conformity to law, he should record the statement and register the bonds in his office, and…
2Cases cited16 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Galliher v. CadwellSupreme Court of the United States · 1892
- Cummings v. National BankSupreme Court of the United States · 1880
- Badger v. BadgerSupreme Court of the United States · 1865
- Louisiana v. WoodSupreme Court of the United States · 1880
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3Cited by3 opinions
- Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
- Miners' Bank of Wilkes-Barre v. AckerCourt of Appeals for the Third Circuit · 1933
- Alliance Trust Co. v. HallDistrict Court, D. Idaho · 1935