De Saussure v. Gaillard
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH CAROLINA. The court stated the case as follows: The complaint in this case filed in the Court of Common Pleas in the County of Charleston, South Carolina, alleged that the plaintiff was the owner and holder of three bonds of the State of South Carolina, two designated by the numbers 850 and 851, for $500 each, and one by the number 2290, for $1000 ; that thereby the State of South Carolina promised to pay to the bearers the…
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ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH CAROLINA. The court stated the case as follows: The complaint in this case filed in the Court of Common Pleas in the County of Charleston, South Carolina, alleged that the plaintiff was the owner and holder of three bonds of the State of South Carolina, two designated by the numbers 850 and 851, for $500 each, and one by the number 2290, for $1000 ; that thereby the State of South Carolina promised to pay to the bearers the sums therein named on the 1st day of July, 1893, with interest at the rate of six per cent per annum payable…
1Opinion of the CourtJustice Matthews
This action is not brought against the defendant in his individual capacity for a trespass or wrong alleged to have been committed by him as a natural person upon the property or personal rights of the plaintiff; it is brought against him in his official capacity as Treasurer of the County of Charleston, to recover judgment for a sum of money voluntarily paid by the plaintiff, though under protest, demanded and received by the defendant in his official capacity, contrary, as the plaintiff alleges, to law. The judgment sought is not a personal judgment against the defendant, but for a judicial…
2Cases cited7 opinions
- New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
- Klinger v. MissouriSupreme Court of the United States · 1872
- Brown v. AtwellSupreme Court of the United States · 1876
- Chouteau v. GibsonSupreme Court of the United States · 1884
- Adams County v. Burlington & Missouri RailroadSupreme Court of the United States · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- McPherson v. BlackerSupreme Court of the United States · 1892
- Herb v. PitcairnSupreme Court of the United States · 1945
- McCall v. BatsonSupreme Court of South Carolina · 1985
- Eustis v. BollesSupreme Court of the United States · 1893
26 more not listed; retrieve them via the Exa API.