Legal Opinion

Rathbone v. Board of Com'rs

Court of Appeals for the Eighth Circuit

Decided September 13, 1897No. 788PublishedCited by 27 opinions

In Error to the Circuit Court of the United States for the District of Kansas. This snit was brought by Charles D. Rathbone, the plaintiff in error, against the board of county commissioners of Kiowa county, Kan., the defendant in error, upon 92 coupons detahhed from 46 railroad aid bonds which were issued by Kiowa county, Kan.

Read the full summary

In Error to the Circuit Court of the United States for the District of Kansas. This snit was brought by Charles D. Rathbone, the plaintiff in error, against the board of county commissioners of Kiowa county, Kan., the defendant in error, upon 92 coupons detahhed from 46 railroad aid bonds which were issued by Kiowa county, Kan. Thirty-two of the coupons were detached from 16 bonds, being a part of 00 bonds, of the denomination of $1,000 each, which were issued by said county on August 4, 1887, to the Kingman, Pratt & Western Railroad Company (hereafter termed the “Kingman Railroad Company”).…

1Opinion of the Court

THAYER, Circuit Judge,

after stating the case as above, delivered ihe opinion of the court)

The first question for consideration which arises upon this record, is whether the first proviso contained in section 1 of the act approved February 18, 1886 (Laws Kan. 1886, p. 123, c. 90), was a valid enactment. That proviso expressly authorized Kiowa county to vote bonds “at any time after the organization of said county,” and if it was a provision which the legislature of the state of Kansas had the power to inject into the act of February 18, 1886, .it would seem to be wholly unnecessary to consider…

Also in this document: Per curiam.

2Cases cited27 opinions

  1. Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
  2. Dixon County v. FieldSupreme Court of the United States · 1884
  3. Evansville v. DennettSupreme Court of the United States · 1896
  4. Lake County v. GrahamSupreme Court of the United States · 1889
  5. Redfield v. ParksSupreme Court of the United States · 1889

22 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Thornton v. CarterCourt of Appeals for the Eighth Circuit · 1940
  2. Board of Com'rs v. SutliffCourt of Appeals for the Eighth Circuit · 1899
  3. Independent School Dist. of Sioux City v. RewCourt of Appeals for the Eighth Circuit · 1901
  4. Hughes County v. LivingstonCourt of Appeals for the Eighth Circuit · 1900
  5. Board of Com'rs v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1898

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API