Skirving v. National Life Ins.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Suit by James Skirving, a taxpayer, to enjoin the National Life Insurance Company of Montpelier, Vt., from enforcing a judgment- at law against school district No.' 44 of Holt county, Neb. The circuit court dismissed the bill. Complainant appeals.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Nebraska. In Equity. Suit by James Skirving, a taxpayer, to enjoin the National Life Insurance Company of Montpelier, Vt., from enforcing a judgment- at law against school district No.' 44 of Holt county, Neb. The circuit court dismissed the bill. Complainant appeals. Statement by CALDWELL, Circuit Judge: On the 15th day of April, 1889, the proper officers of school district No. 44 of Holt county, Neb., issued three orders upon the treasurer of the district, payable to the order of Clark & Leonard Investment Company, — one…
1Opinion of the CourtCaldwell, Circuit Judge
The officers of the district declined to interpose any technical defense to the action on the orders upon the ground that the school district had received the money and built a school house with it, and in justice and equity ought to repay it; and in this view the taxpayers of the district, save the appellant, seem to have concurred. There is not the slightest evidence to show that the plaintiff in the judgment a,t law was guilty of any fraud, misrepresentation, deceit, or misbehavior of any kind in obtaining its judgment against the district. It purchased the orders in good faith, paying…
2Cases cited14 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- McCormick v. SullivantSupreme Court of the United States · 1825
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Des Moines Navigation & Railroad v. Iowa Homestead Co.Supreme Court of the United States · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Walter Otto, a Taxpayer of the City of Dayton, Ohio v. Hon. Frank R. Somers, Mayor of the City of DaytonCourt of Appeals for the Sixth Circuit · 1964
- Travelers' Protective Ass'n of America v. GilbertCourt of Appeals for the Eighth Circuit · 1901
- Rice v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1895
- Johnson v. HunterU.S. Circuit Court for the District of Eastern Arkansas · 1904
- Haug v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1900
1 more not listed; retrieve them via the Exa API.