Legal Opinion

Town of Aurora v. Gates

Court of Appeals for the Eighth Circuit

Decided September 26, 1913No. Nos. 3,956, 3,957PublishedCited by 19 opinions

In Error to the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Two actions, one by Martha L. Gates, the other by Robert P. Wilder, both against the Town of Aurora. Judgments for plaintiffs, and defendant brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

[5, 6] The town of Aurora complains of judgments against it upon some of its bonds and coupons which it issued and sold in 1891 for waterworks on the ground that the ordinance under which they were issued was never published. The court below1 held that it was estopped from defeating the bonds on this ground by the recital and certificate therein as against the plaintiffs below, wrho were innocent purchasers for value. The recital was that each bond was issued “in pursuance of an ordinance in relation to waterworks bonds and also under and by virtue of and in full…

2Cases cited35 opinions

  1. Waite v. Santa CruzSupreme Court of the United States · 1902
  2. Town of Coloma v. EavesSupreme Court of the United States · 1876
  3. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  4. Tulare Irrigation District v. ShepardSupreme Court of the United States · 1902
  5. Evansville v. DennettSupreme Court of the United States · 1896

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3Cited by19 opinions

  1. Divide Creek Irr. Dist. v. HollingsworthCourt of Appeals for the Tenth Circuit · 1934
  2. Weniger v. Success Mining Co.Court of Appeals for the Eighth Circuit · 1915
  3. Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928
  4. City of Shidler v. H. C. Speer & Sons Co.Court of Appeals for the Tenth Circuit · 1932
  5. Grater v. Logan High School DistrictSupreme Court of Colorado · 1918

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