Legal Opinion

Labette County Commissioners v. United States Ex Rel. Moulton

Supreme Court of the United States

Decided November 17, 1884PublishedCited by 57 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The relator, on June 7, 1877, recovered a judgment in the Circuit Court- of the United States for the District of Kansas, against the township of Oswego, in the county of Labette, in that State, for $9,221.34, with interest and costs, which is still in force and unpaid.

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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The relator, on June 7, 1877, recovered a judgment in the Circuit Court- of the United States for the District of Kansas, against the township of Oswego, in the county of Labette, in that State, for $9,221.34, with interest and costs, which is still in force and unpaid. That judgment was recovered upon-coupons for unpaid interest on bonds, issued in the name and on behalf of Oswego township, by the Board of County Commissioners of Labette County, pursuant to the act of the Legislature of the State, entitled “ An…

1Opinion of the CourtJustice Matthews

He stated the facts in the foregoing language, and continued :

The objection that the Circuit Court had no jurisdiction to issue its mandamus to the plaintiffs in error is based upon the supposition that' because they are not parties to the judgment against Oswego Township, and are not officers of or representatives of that municipal corporation, but are officers of the county of Labette,, the proceeding against them is the exercise. of an original jurisdiction, which does not belong to that court. It is quite true, as it is familiar, that there is no original jurisdiction in the Circuit…

2Cases cited5 opinions

  1. Riggs v. Johnson CountySupreme Court of the United States · 1868
  2. Krippendorf v. HydeSupreme Court of the United States · 1884
  3. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
  4. Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1876
  5. Commissioners of County of Cherokee v. WilsonSupreme Court of the United States · 1884

3Cited by57 opinions

  1. United States v. New York Telephone Co.Supreme Court of the United States · 1977
  2. Peacock v. ThomasSupreme Court of the United States · 1996
  3. Futura Development of Puerto Rico, Inc. v. Estado Libre Asociado De Puerto RicoCourt of Appeals for the First Circuit · 1998
  4. Harshman v. Knox CountySupreme Court of the United States · 1887
  5. Epperson v. Entertainment Express, Inc.Court of Appeals for the Second Circuit · 2001

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