Erskine v. Steele County
North Dakota Supreme Court
Appeal from District Court, Steele County; McConnell, J. Action by Charles E. Erskine and William H. Crosby, administrators of the estate of Messena B. Erskine, deceased, against Steele County, on certain county warrants. From a judgment for plaintiffs, defendant appeals. The warrant to E. J. McMahon for transcribing records, was illegally issued. The county commissioners had no authority to contract for such services.
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Appeal from District Court, Steele County; McConnell, J. Action by Charles E. Erskine and William H. Crosby, administrators of the estate of Messena B. Erskine, deceased, against Steele County, on certain county warrants. From a judgment for plaintiffs, defendant appeals. The warrant to E. J. McMahon for transcribing records, was illegally issued. The county commissioners had no authority to contract for such services. Rasmussen v. Board of County Commissioners, 43 N. W. Rep. 3. Counties have only such powers as are expressly conferred upon them or necessarily implied. McCormack v.…
1Opinion of the CourtWallin, J.
This action is brought to recover the amount purporting to be due according to the terms of certain county-warrants issued by the officials of Steele County, and which were subsequently purchased by Massena B. Erskine, deceased, during his lifetime. The warrants were drawn on the general fund of the county, and were presented to the county treasurer for payment. Payment was refused for want of funds, and the warrants were then registered for payment. The warrants which are now contested are two in number, described as follows: A warrant dated November 19, 1883, for $2,680, issued and…
2Cases cited8 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Arnott v. City of SpokaneWashington Supreme Court · 1893
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
- Shirk v. Pulaski CountyU.S. Circuit Court for the District of Eastern Arkansas · 1877
- Foster v. ColemanCalifornia Supreme Court · 1858
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3Cited by7 opinions
- Steele County v. ErskineCourt of Appeals for the Eighth Circuit · 1899
- Jefferson County v. YoungCourt of Appeals of Kentucky · 1905
- Erskine v. Steele CountyU.S. Circuit Court for the District of North Dakota · 1898
- Howard v. Rose Twp., Payne Co.Supreme Court of Oklahoma · 1913
- Marshall v. State ex rel. SartainSupreme Court of Florida · 1924
2 more not listed; retrieve them via the Exa API.