Legal Opinion

Breckinridge County v. McCracken

Court of Appeals for the Sixth Circuit

Decided March 6, 1894No. Nos. 113 and 142PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the District of Kentucky. The case first named was a suit brought by McCracken and others, partners under the name of W. V. McCracken & Co., and citizens of the state of New York, against the county of Breckinridge, one of the counties of the state of Kentucky.

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In Error to the Circuit Court of the United States for the District of Kentucky. The case first named was a suit brought by McCracken and others, partners under the name of W. V. McCracken & Co., and citizens of the state of New York, against the county of Breckinridge, one of the counties of the state of Kentucky. The subject-matter of the suit was 180 coupons of $30 each, being for three installments of interest accruing upon certain bonds issued by the defendant county as obligor for certain unincorporated precincts of said county. The county filed a general demurrer to the petition of…

1Opinion of the Court

LTTKTON, Circuit

Judge (after stating the facts as above). A number of objections have been urged as operating to avoid liability upon the coupons in suit, which will be considered in such order as is most convenient.

*194The first and most serions defense is as to whether the act authorizing k subscription to the stock of the Louisville, Hardinsburg & Western Railway Company, by the “magisterial precincts” of any county through which that road should be constructed, authorized a joint subscription by two precincts, or by one and a fraction of another. A justice’s district, or “magisterial…

2Cases cited12 opinions

  1. Ralls County Court v. United StatesSupreme Court of the United States · 1882
  2. City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
  3. Davenport v. County of DodgeSupreme Court of the United States · 1882
  4. Lincoln v. Iron Co.Supreme Court of the United States · 1881
  5. Devoe Manufacturing CompanySupreme Court of the United States · 1883

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

3Cited by5 opinions

  1. Fuller v. AylesworthCourt of Appeals for the Sixth Circuit · 1896
  2. Woods Bros. Const. Co. v. Yankton CountyCourt of Appeals for the Eighth Circuit · 1927
  3. Pyle v. JohnstonCourt of Appeals for the Ninth Circuit · 1943
  4. Lincoln School Township v. Union Trust Co.Indiana Court of Appeals · 1905
  5. Mann v. Farmers Exchange Bk. of GallatinMissouri Court of Appeals · 1932

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