Legal Opinion

Gelpcke v. Dubuque

Supreme Court of the United States

Decided January 1, 1863No. 79PublishedCited by 20 opinions

1Opinion of the Court 1

68 U.S. 221 (1863)

1 Wall. 221

GELPCKE ET AL.

v.

THE CITY OF DUBUQUE.

No. 79.

Supreme Court of United States.

2Opinion of the Court · SwayneJustice Swayne

The counsel of the plaintiffs in error have submitted no argument in regard to the two first causes assigned for the demurrer. We have not therefore considered the questions which they present. They relate to certain provisions of the contract which are claimed to be invalid. Conceding this to be so, they are clearly separable and severable from the other parts which are relied upon. The rule in such cases, where there is no imputation of malum in se is, that the bad parts do not affect the…

3Cited by20 opinions

  1. Peironnet v. Matador Resources Co.Supreme Court of Louisiana · 2013
  2. Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
  3. Steele v. BuelCourt of Appeals for the Eighth Circuit · 1900
  4. Kahnweiler v. Phenix Ins. Co. of BrooklynCourt of Appeals for the Eighth Circuit · 1895
  5. Thurber v. MillerCourt of Appeals for the Eighth Circuit · 1895

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