Legal Opinion

Doon Township v. Cummins

Supreme Court of the United States

Decided January 4, 1892No. 883PublishedCited by 97 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. The original action was brought by Theron Cummins,-a citizen óf Illinois, on coupons attached to negotiable bonds issued by the defendant, a district township of Iowa, under the statute of Iowa of 1880, c. 132 the material provisions of which are copied in the margin.1 The defendant denied the validity of the bonds, on the ground that they were issued in violation of the constitution of Iowa…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF IOWA. The original action was brought by Theron Cummins,-a citizen óf Illinois, on coupons attached to negotiable bonds issued by the defendant, a district township of Iowa, under the statute of Iowa of 1880, c. 132 the material provisions of which are copied in the margin.1 The defendant denied the validity of the bonds, on the ground that they were issued in violation of the constitution of Iowa of 1857, art. 11, sec. 3, likewise copied in the margin.1 A jury was duly waived, and the case was submitted to the…

1Opinion of the CourtJustice Geay

The constit tion of Iowa, art. 11, sec. 3, ordains as follows: “No county, or other political or municipal corporation, shall be allowed to become indebted in any manner, or for any purpose, to an amount in the aggregate exceeding five per centum on the value of the taxable property within such county or corporation — to be ascertained by the last state and county tax lists, previous to the incurring of such indebtedness.”

The scope and meaning of this provision of the fundamental and paramount law of the State are clear and unmistakable. No municipal corporation “shall be allowed” to contract…

2Cases cited19 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. Lake County v. RollinsSupreme Court of the United States · 1889
  3. Marsh v. Fulton CountySupreme Court of the United States · 1871
  4. Litchfield v. BallouSupreme Court of the United States · 1885
  5. Dixon County v. FieldSupreme Court of the United States · 1884

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3Cited by97 opinions

  1. Fair School Finance Council of Oklahoma, Inc. v. StateSupreme Court of Oklahoma · 1987
  2. State Ex Rel. Warren v. NusbaumWisconsin Supreme Court · 1973
  3. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
  4. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  5. City of Tyler v. L. L. Jester & Co.Texas Supreme Court · 1904

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