Legal Opinion

Atchison Board of Education v. De Kay

Supreme Court of the United States

Decided April 10, 1893No. 176PublishedCited by 44 opinions

EEROS TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The bonds issued by the city of Atchison, Kansas, January 1,1869, pledging the school fund, etc., of the city for payment were valid obligations. The legislation (ff Kansas relating to cities of the first class, and to cities of the second class, and tó Boards of Education, reviewed. ■ On January 1, 1869, the Board of Education of the city ofAtchison issued $20,000.00 of bonds.

Read the full summary

EEROS TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The bonds issued by the city of Atchison, Kansas, January 1,1869, pledging the school fund, etc., of the city for payment were valid obligations. The legislation (ff Kansas relating to cities of the first class, and to cities of the second class, and tó Boards of Education, reviewed. ■ On January 1, 1869, the Board of Education of the city ofAtchison issued $20,000.00 of bonds. They were in this form: “No.—. School Bond. $1000.00. “City of Atchison, State of Kansas. “ Know all men by these presents, that the city of…

1Opinion of the CourtJustice Brewer

Two questions are presented: First. Were, the bonds and coupons valid obligations ? Second. If valid, was the Board of Education of the city of Atchison the proper defendant, and could judgment- be rightfully éntered against it for the sum of these bonds and coupons ?

The bond oh its face purports to be the obligation of the city of Atchison, secured by pledge of the school fund and property of the city, and was executed by the president and clerk of the Board of Education. It is insisted, that the Board of Education had no' power to bind the city by such a promise to pay. To a clear…

2Cases cited4 opinions

  1. Brenham v. German American BankSupreme Court of the United States · 1892
  2. Commissioners of Johnson County v. JanuarySupreme Court of the United States · 1877
  3. Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
  4. First Municipality v. CuttingSupreme Court of Louisiana · 1849

3Cited by44 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
  3. City of Louisville v. ParsonsCourt of Appeals of Kentucky · 1912
  4. Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
  5. Ogden City v. WeaverCourt of Appeals for the Eighth Circuit · 1901

39 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API