Watson v. City of Huron
Court of Appeals for the Eighth Circuit
In Error to ¡lo Circuit Court of the United States for the District of South Dakota. Bert A. Watson, the plaintiff in error, brought this action against the city of Huron, the defendant in error, to recover $40,000, on 40 warrants issued by the city, for $1,000 eacb.
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In Error to ¡lo Circuit Court of the United States for the District of South Dakota. Bert A. Watson, the plaintiff in error, brought this action against the city of Huron, the defendant in error, to recover $40,000, on 40 warrants issued by the city, for $1,000 eacb. The form of each of the warrants is as follows: “No. 3,784. Huron, South Dakota, Aug. 16, 1880. “The treasurer of the city of Huron will, pay to the order of N. D. Walling one thousand dollars ($1,000.00), out of the general fund of the city treasury not. otherwise appropriated, from the taxes of 1890 levied therefor, with…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the facts as above). Municipal corporations possess no power to incur debts, and issue negotiable instruments therefor, unless specially authorized to do so by their charter or statutes, or the power to do so can be clearly implied from some power expressly given, which cannot be fairly exercised without it. Dill. Mun. Corp. § 406; Wells v. Supervisors, 102 U. S. 625; Claiborne Co. v. Brooks, 111 U. S. 400, 4 Sup. Ct. 489; Concord v. Robinson, 121 U. S. 165, 7 Sup. Ct. 937. The warrants in this case were issued “for the purpose of obtaining money with which to carry on the…
2Cases cited7 opinions
- Claiborne County v. BrooksSupreme Court of the United States · 1884
- Mayor v. RaySupreme Court of the United States · 1874
- Wall v. County of MonroeSupreme Court of the United States · 1881
- Wells v. SupervisorsSupreme Court of the United States · 1880
- Shirk v. Pulaski CountyU.S. Circuit Court for the District of Eastern Arkansas · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Dublin v. H. B. Thornton & Co.Court of Appeals of Texas · 1933
- W. L. Slayton & Co. v. Panola CountyDistrict Court, E.D. Texas · 1922
- Baker Lumber Co. v. A. A. Clark Co.Utah Supreme Court · 1919
- Hornblower v. City of PierreCourt of Appeals for the Eighth Circuit · 1917
- Branch v. City of Sour LakeDistrict Court, E.D. Texas · 1924
3 more not listed; retrieve them via the Exa API.