Legal Opinion

Francis v. Howard County

U.S. Circuit Court for the District of Western Texas

Decided April 9, 1892PublishedCited by 7 opinions

At Law.- Action by David R. Francis .against Howard county, Tex., to recover upon coupons of county bonds. Statement by Maxey, District Judge: <■f This suit is brought by plain tiff to recover of defendant upon 186 interest coupons for $80 each, originally attached to certain negotiable court-house bonds, issued by defendant on the 12th day of November, A. D. 1883. It is alleged in the petition that said bonds were duly signed, sealed, countersigned, and registered as…

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At Law.- Action by David R. Francis .against Howard county, Tex., to recover upon coupons of county bonds. Statement by Maxey, District Judge: <■f This suit is brought by plain tiff to recover of defendant upon 186 interest coupons for $80 each, originally attached to certain negotiable court-house bonds, issued by defendant on the 12th day of November, A. D. 1883. It is alleged in the petition that said bonds were duly signed, sealed, countersigned, and registered as required by law; that by the terms of each of said bonds the county promised to pay to J. II. Milliken & Co. or bearer the sum…

1Opinion of the Court

Maxey, District Judge,

(after stating the facts as above.') 1. It is insisted by the plaintiff that the original section 9, art. 8, of the constitution of 1876, should apply to this caso, upon the ground that the bonds of November 12, 1888, were issued in lieu of the bonds authorized by orders of the commissioners’ court of May 14 and 29, 1883, which latter were canceled and destroyed. But it will be observed the plaintiff by his pleadings asserts no rights under the orders of the commissioners’ court authorizing the first issue of bonds, and no reference is made in the petition to any…

2Cases cited20 opinions

  1. Lake County v. RollinsSupreme Court of the United States · 1889
  2. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
  3. Dixon County v. FieldSupreme Court of the United States · 1884
  4. Claiborne County v. BrooksSupreme Court of the United States · 1884
  5. Buchanan v. LitchfieldSupreme Court of the United States · 1880

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3Cited by7 opinions

  1. Flagg v. School District, No. 70North Dakota Supreme Court · 1894
  2. Commercial Trust Co. of Hagerstown v. Laurens CountsDistrict Court, S.D. Georgia · 1920
  3. Board of Supervisors v. HawkinsArizona Supreme Court · 1914
  4. Shelby County v. Provident Sav. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1932
  5. Page v. Oneida Irrigation DistrictIdaho Supreme Court · 1914

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