Legal Opinion

Franklin County v. German Savings Bank

Supreme Court of the United States

Decided December 14, 1891No. 1234PublishedCited by 15 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: This was an action by the German Savings Bank of Davenport, Iowa, upon 128 coupons cut from bonds issued by the county of Franklin in payment of its subscription to the capital stock of the Belleville and Eldorado Railroad Company.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. The court stated the case as follows: This was an action by the German Savings Bank of Davenport, Iowa, upon 128 coupons cut from bonds issued by the county of Franklin in payment of its subscription to the capital stock of the Belleville and Eldorado Railroad Company. The allegation of the declaration was that such bonds had been .issued on the 10th day of November, 1877, by the said defendant, “ being thereunto duly authorized by an affirmative vote of the legal voters of said county, as required by law.”…

1Opinion of the CourtJustice Brown

As both parties claim an estoppel by virtue of the decree in the equity suit between the parties to this suit, it only becomes necessary to consider the effect of this decree. It contains two separate and distinct findings : First, so far as the nine bonds held by the German Savings Bank, and issued under the act of November 6, 1849, were concerned, the decree pronounced them to be void, and as to them the injunction was made per petual. From this part of the decree the bank appealed to this court, by which the decree was affirmed. 128 U. S. 526. Second, as to the eighteen bonds issued under…

2Cases cited2 opinions

  1. Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
  2. German Savings Bank v. Franklin CountySupreme Court of the United States · 1888

3Cited by15 opinions

  1. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  2. Southern Minnesota Railway Extension Co. v. St. Paul & S. C. R.Court of Appeals for the Eighth Circuit · 1893
  3. Billy v. Le Flore County Gas & Electric Co.Supreme Court of Oklahoma · 1930
  4. Skinner v. Franklin CountyCourt of Appeals for the Seventh Circuit · 1893
  5. Union Bank of Richmond v. Board of Com'rsU.S. Circuit Court for the District of Eastern North Carolina · 1898

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