Legal Opinion

United States v. County of Clark

Supreme Court of the United States

Decided January 1, 1877No. 600PublishedCited by 48 opinions

■ERROR to the Circuit Court of the United States for the. Eastern District of Missouri. On the fourth day of January, 1876, the United States, on the relation of .William A, Johnston j filed in the court below a petition for a mandamus against the County Court of - Clark County, Missouri, and the justices thereof.

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■ERROR to the Circuit Court of the United States for the. Eastern District of Missouri. On the fourth day of January, 1876, the United States, on the relation of .William A, Johnston j filed in the court below a petition for a mandamus against the County Court of - Clark County, Missouri, and the justices thereof. The case exhibited by the pleadings is this: On the sixth day. of June, 1874, .said Johnston recovered a judgment in said Circuit Court against that county for $8,606.64 and costs. The judgment was for unpaid instalments of interest on bonds of the county, each for, $500, issued on…

1Opinion of the CourtJustice Strong

The question presented by the récord is, whether the relator is entitled to payment of his judgment out of the general funds of the county, so far as the special tax of one-twentieth of one per cent is insufficient to pay it. And we think that he is thus entitled is plain enough, unless the act which, gave the county authority to issue the bonds directs otherwise. That act gave . plenary authority to the' county to subscribe to the capital stock -of the railroad company and to issue bonds therefor, . but imposed no limit upon the amount which it empowered a county to subscribe, and for the…

2Cases cited2 opinions

  1. Supervisors v. United StatesSupreme Court of the United States · 1873
  2. State ex rel. Aull v. ShortridgeSupreme Court of Missouri · 1874

3Cited by48 opinions

  1. United States v. County of MacOnSupreme Court of the United States · 1879
  2. Golden Gate Bridge & Highway District v. FeltCalifornia Supreme Court · 1931
  3. Klemm v. DavenportSupreme Court of Florida · 1930
  4. Norris v. Montezuma Valley Irr. Dist.Court of Appeals for the Eighth Circuit · 1918
  5. Fowler v. City of SuperiorWisconsin Supreme Court · 1893

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