Commercial Nat Bank v. Iola
U.S. Circuit Court for the District of Kansas
This is an action on coupons attached to bonds issued by the city of Iola, in Kansas, under the authority of an act of the legislature of that state. The coupons in suit and the declaration are in the usual form. The declaration avers that the bonds to which the coupons are annexed were issued in pursuance of the act of the legislature, which went into effect February 23,187L The nature of this act appears in the court’s opinion.
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This is an action on coupons attached to bonds issued by the city of Iola, in Kansas, under the authority of an act of the legislature of that state. The coupons in suit and the declaration are in the usual form. The declaration avers that the bonds to which the coupons are annexed were issued in pursuance of the act of the legislature, which went into effect February 23,187L The nature of this act appears in the court’s opinion. It is conceded that there is no general statute of the state authorizing municipalities to subscribe for the stock, or otherwise to aid such enterprises as foundries…
1Opinion of the Court
DILLON, Circuit Judge.
Without express legislative authority the city of Iola would have no power to appropriate money or to loan its credit to aid private persons to establish manufactories either near to, or within, the corporate limits. This proposition admits of no dispute, and is well settled. Stetson v. Kempton, 13 Mass. 278; Cushing v. Newburyport, 10 Metc. [Mass.] 510; Cook v. Manufacturing Co., 1 Sneed 698; Pennsylvania R. Co. v. Philadelphia, 47 Pa. St 189; Dill. Mun. Corp. § 106. No precedent authority either by general or special act was conferred upon the city to pass the…
2Cases cited11 opinions
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
- Bucklin v. StateOhio Supreme Court · 1851
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3Cited by3 opinions
- State v. Nelson CountyNorth Dakota Supreme Court · 1890
- Ferrell v. DoakTennessee Supreme Court · 1924
- Cole v. City of La GrangeU.S. Circuit Court for the District of Eastern Missouri · 1884