Erskine v. Nelson County
North Dakota Supreme Court
Appeal from District Court, Nelson County; Templeton, J. Action by Messena B. Erskine against the County of Nelson to recover on county warrants. From the judgment rendered, plaintiff appeals. The bonding act was mandatory in fact although permissive in form, its object was to enable the county to pay outstanding warrants for which it had received consideration. The holders of these warrants were to be benefited by the provisions of the law.
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Appeal from District Court, Nelson County; Templeton, J. Action by Messena B. Erskine against the County of Nelson to recover on county warrants. From the judgment rendered, plaintiff appeals. The bonding act was mandatory in fact although permissive in form, its object was to enable the county to pay outstanding warrants for which it had received consideration. The holders of these warrants were to be benefited by the provisions of the law. Southerland on Statutory Const. 598; Supervisors v. United States, 4 Wall. 435; Mason v. Fearson, 9 How. 259; Galena v. Amy, 5 Wall. 705; Ry. Co. v. Napa…
1Dissent
Corliss, J.,
(dissenting.) The plaintiff sought to hold the defendant liable upon certain alleged county warrants. These instruments were county warrants in form, and it appears to be in the main undisputed, so far as this record is concerned, that these warrants were issued for debts incurred by the county. It is also uncontroverted that, in so far as the trial court refused to give judgment upon these warrants against the defendant, the warrants were originally illegal and void. The debts which they represented were obligations which the board of county commissioners had no authority to…
2Cases cited10 opinions
- Beloit v. MorganSupreme Court of the United States · 1869
- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- State v. StollSupreme Court of the United States · 1873
- Coffin v. RichSupreme Judicial Court of Maine · 1858
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
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