Marion County v. Coler
Court of Appeals for the Fifth Circuit
In Error to tbe Circuit Court of the United States for the Eastern District of Texas. This was an action by W. N. Coler & Co., a firm composed of W. N. Coler, Sr., W. N. Cole,r, Jr., Bird S, Coler, and James W. Campbell, citizens of the state of New York, against Marion county, Tex., to recover some $50,000 alleged to be due upon certain bonds issued by that county.
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In Error to tbe Circuit Court of the United States for the Eastern District of Texas. This was an action by W. N. Coler & Co., a firm composed of W. N. Coler, Sr., W. N. Cole,r, Jr., Bird S, Coler, and James W. Campbell, citizens of the state of New York, against Marion county, Tex., to recover some $50,000 alleged to be due upon certain bonds issued by that county. Of this amount, about $27,000 was claimed to be due on funding and refunding bonds, and about $32,000 on courthouse and jail bonds. A jury was waived by written stipulation, and the case tried by the court, which filed written…
1Opinion of the Court
McCORMICK, Circuit Judge.
The debt which is the consideration of the bonds involved in this case was contracted before the adoption of the constitution now in force in Texas. At the time it was contracted, there ivas no provision in the constitution of the state similar to section 9 of article 8, or to sections 5 and 7 of article 11, of the constitution adopted in 1876. The constitution being silent, the legislature had power to provide, in its discretion, for the taxing of property in the state, and for the distribution and appropriation of the taxes to be raised. New Orleans v. Clark, 95 U.…
2Cases cited1 opinion
- New Orleans v. ClarkSupreme Court of the United States · 1877
3Cited by2 opinions
- State ex rel. City of Carthage v. GordonSupreme Court of Missouri · 1909
- Marion County v. ColerCourt of Appeals for the Fifth Circuit · 1898