Brown v. Bon Homme County
South Dakota Supreme Court
Appeal from district court, Yankton county. Hon. James Spencer, Judge. Action against the county of Bon Homme upon certain bonds and coupons. Judgment for plaintiff. Defendant appeals. The material facts are stated in the opinion.
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Appeal from district court, Yankton county. Hon. James Spencer, Judge. Action against the county of Bon Homme upon certain bonds and coupons. Judgment for plaintiff. Defendant appeals. The material facts are stated in the opinion. The recitals in these bonds that they were issued by a board of county commissioners under the provisions of a certain act of the legislature do not estop the defendant county from showing that these recitals are false, and that they were not issued by authority of the board, nor in pursuance of, or in conformity to, the act. Dillon Mun. Corp. § 418; Bank v. Porter…
1Opinion of the CourtCorson, P. J.
This is an action (two cases consolidated) brought by the plaintiff against the county of Bon Homme, on a number of bonds and coupons alleged to have been issued by said county, bearing date the 1st day of July, A. D. 1878. The bonds and coupons are in the following, form, all being alike *220except in number of bonds, and numbers and dates of payment of coupons:
“United States op America.
“Number 4. ' Dollars, 500.
“Dakota Territory, County of Bon Homme.
“The County of Bon Homme, in the Territory of Dakota, for value received, promises to pay to Alfred Sully, or order, at the office of the treasurer…
2Cases cited18 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- Anthony v. County of JasperSupreme Court of the United States · 1880
- Supervisors v. SchenckSupreme Court of the United States · 1867
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3Cited by6 opinions
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Portsmouth Savings Bank v. Village of AshleyMichigan Supreme Court · 1892
- City of Weslaco v. PorterCourt of Appeals for the Fifth Circuit · 1932
- Schmitz v. ZehSupreme Court of Minnesota · 1904
- City of Wheeler v. Southwestern LloydsCourt of Appeals of Texas · 1935
1 more not listed; retrieve them via the Exa API.