Erskine v. Nelson County
North Dakota Supreme Court
Appeal from District Court, Nelson County; Templeton, J. Action by Messena B. Erskine against the County of Nelson to recover on county warrants. From the judgment rendered, plaintiff appeals. The bonding act was mandatory in fact although permissive in form, its object was to enable the county to pay outstanding warrants for which it had received consideration. The holders of these warrants were to be benefited by the provisions of the law.
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Appeal from District Court, Nelson County; Templeton, J. Action by Messena B. Erskine against the County of Nelson to recover on county warrants. From the judgment rendered, plaintiff appeals. The bonding act was mandatory in fact although permissive in form, its object was to enable the county to pay outstanding warrants for which it had received consideration. The holders of these warrants were to be benefited by the provisions of the law. Southerland on Statutory Const. 598; Supervisors v. United States, 4 Wall. 435; Mason v. Fearson, 9 How. 259; Galena v. Amy, 5 Wall. 705; Ry. Co. v. Napa…
1Opinion of the CourtBartholomew, C. J.
The plaintiff sought to hold the defendant liable upon certain county warrants. These warrants were regular in form, and purported to be used for debts incurred by the county; but it is uncontroverted that, in so far as the trial court refused to give judgment upon these warrants against the defendant, the warrants were originally illegal and void. The debts which they represented were obligations which the board of county commissioners had no authority to create, because the expenditures at the time were in excess of the amount which could be provided for by the current revenue of the county…
2Cases cited12 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Beloit v. MorganSupreme Court of the United States · 1869
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- People Ex Rel. Conway v. Board of SupervisorsNew York Court of Appeals · 1877
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
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3Cited by6 opinions
- Steele County v. ErskineCourt of Appeals for the Eighth Circuit · 1899
- State Ex Rel. Eckroth v. BorgeNorth Dakota Supreme Court · 1939
- Erskine v. Steele CountyU.S. Circuit Court for the District of North Dakota · 1898
- Associated Indemnity Corp. v. WilsonCourt of Appeals of Texas · 1929
- State ex rel. Miller v. Buttzville State BankNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.