Legal Opinion

Commissioners v. Bank of Commerce

Supreme Court of the United States

Decided November 25, 1878No. 66PublishedCited by 6 opinions

Error to tbe Circuit Court of tbe United States for tbe District of South Carolina. This was an action brought by tbe Bank of Commerce to recover tbe amount of sundry coupons which were formerly attached to bonds, purporting to be issued by the Board of County Commissioners of the County of Pickens, South Carolina, in aid of the Atlanta and Richmond Air-Line Railway Company.

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Error to tbe Circuit Court of tbe United States for tbe District of South Carolina. This was an action brought by tbe Bank of Commerce to recover tbe amount of sundry coupons which were formerly attached to bonds, purporting to be issued by the Board of County Commissioners of the County of Pickens, South Carolina, in aid of the Atlanta and Richmond Air-Line Railway Company. The complaint alleges that the said coupons are for different sums of money, depending on the size of the bonds, and are in the form following, to wit: — “ $7.00. The County of Pickens, State of South Carolina, will pay…

1Opinion of the CourtJustice Hunt

The defendants are described in the complaint as H. J. Anthony, Thomas K. Price, and William Smith, “ commissioners of the county of Pickens,” and the demand set forth in the complaint is against the county of Pickens. A trial upon the merits resulted in a judgment in favor of the plaintiff for $7,132. The defences set up in the answer, and upon which the case was tried in the Circuit Court, are abandoned; and the defendants seek to reverse the judgment, upon the allegation that there is a misdescription of the defendants. Judgment cannot be had against the county, it is said, because the…

2Cases cited1 opinion

  1. Bank of Havana v. . MageeNew York Court of Appeals · 1859

3Cited by6 opinions

  1. National Surety Co. v. Board of Supr'sMississippi Supreme Court · 1919
  2. Stevenson v. Richardson CountyDistrict Court, D. Nebraska · 1949
  3. Board of Com'rs v. YoungWyoming Supreme Court · 1892
  4. In re GriggsCourt of Appeals for the Eighth Circuit · 1916
  5. Union Pacific Railroad v. Board of County CommissionersSupreme Court of Kansas · 1904

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