Legal Opinion

Board of Com'rs v. Irvine

Court of Appeals for the Eighth Circuit

Decided November 23, 1903No. Nos. 1,819, 1,820PublishedCited by 17 opinions

Appeals from the Circuit Court of the United States for the District of Kansas. These are two equity cases of a like character that were tried in the lower court at the same time, by the same counsel, upon substantially the same state of facts, and which present the same questions of law for determination on appeal.

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Appeals from the Circuit Court of the United States for the District of Kansas. These are two equity cases of a like character that were tried in the lower court at the same time, by the same counsel, upon substantially the same state of facts, and which present the same questions of law for determination on appeal. On August 14, 1893, the bill of complaint in ease No. 1,820 was filed by Coffin, Stanton and Street, composing the firm of Coffin & Stanton, while the bill in case No. 1,819 appears to have been filed on September 28, 1893. For convenience, case No. 1,820 will be termed the Coffin…

1Opinion of the CourtThayer, Circuit Judge

The first and one of the most important questions which arises in this case is whether the complainants below are entitled to be subrogated to the rights of the warrant holders who exchanged county warrants for the void bonds of Kearny county, which the complainants subsequently purchased on the market for value, believing them to be valid. In behalf of the county of Kearny it is strenuously urged that no such right of subrogation exists or can be enforced, and in support of this contention reliance is placed on the following cases: Ætna Life Ins. Co. v. Middleport, 124 U. S. 534, 8 Sup. Ct.…

2Cases cited20 opinions

  1. Parkersburg v. BrownSupreme Court of the United States · 1883
  2. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
  3. Litchfield v. BallouSupreme Court of the United States · 1885
  4. Louisiana v. WoodSupreme Court of the United States · 1880
  5. Thallmann v. ThomasCourt of Appeals for the Eighth Circuit · 1901

15 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Phelan v. Middle States Oil CorporationCourt of Appeals for the Second Circuit · 1946
  2. Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
  3. Little River Bank & Trust Co. v. JohnsonSupreme Court of Florida · 1932
  4. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
  5. City of Shidler v. H. C. Speer & Sons Co.Court of Appeals for the Tenth Circuit · 1932

12 more not listed; retrieve them via the Exa API.

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