Legal Opinion

City of Pierre v. Dunscomb

Court of Appeals for the Eighth Circuit

Decided February 27, 1901No. 1,379PublishedCited by 7 opinions

In Error to the Circuit Court of tbe United States for the District of South Dakota.

1Opinion of the Court

SANBORN, Circuit Judge.

This is an action brought by the defendants in error, who were bona Me purchasers of bonds of the city of Pierre, without any notice of any defenses thereto, to recover upon certain coupons cut therefrom. The city interposes two defenses in this court: (1) That it had no authority to issue the bonds; and (2) that at the time they were issued its indebtedness exceeded the constitutional and statutory limitation of 5 per cent, of its assessed valuation, and the issue of these bonds increased its debt.

The bonds were issued to fund the floating indebtedness of the city, and…

2Cases cited26 opinions

  1. Dixon County v. FieldSupreme Court of the United States · 1884
  2. Doon Township v. CumminsSupreme Court of the United States · 1892
  3. Evansville v. DennettSupreme Court of the United States · 1896
  4. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  5. Lake County v. GrahamSupreme Court of the United States · 1889

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3Cited by7 opinions

  1. Independent School Dist. of Sioux City v. RewCourt of Appeals for the Eighth Circuit · 1901
  2. Fairfield v. Rural Independent School Dist. of AllisonCourt of Appeals for the Eighth Circuit · 1902
  3. Mine & Smelter Supply Co. v. Stockgrowers' BankCourt of Appeals for the Eighth Circuit · 1909
  4. Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
  5. Board of Com'rs v. Travelers' Ins. Co.Court of Appeals for the Fourth Circuit · 1904

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