Board of County Commissioners v. Carter
Supreme Court of Kansas
Tbe facts of the case appear at length in the opinion of the Court. I. The bonds upon which suit was brought in the District Court, are void. They were issued without authority of law, and in contravention of an express provision of statute. These bonds were issued by the Board of County Commissioners of the County of Shawnee to the defendant in error in payment for the construction of a court house at the town of Tecumseh.
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Tbe facts of the case appear at length in the opinion of the Court. I. The bonds upon which suit was brought in the District Court, are void. They were issued without authority of law, and in contravention of an express provision of statute. These bonds were issued by the Board of County Commissioners of the County of Shawnee to the defendant in error in payment for the construction of a court house at the town of Tecumseh. It was in evidence on the trial in the Court below, that the bonds were issued in pursuance of a written contract made with Carter, by the terms of which he was to be paid…
1Opinion of the Court
By the Court,
Kingman, J.
On the 23d day of January, 1860, Luther M. Carter, the defendant in error, instituted suit in Shawnee County against the plaintiffs in error, on nineteen separate bonds amounting in the aggregate to $2,913, of which bonds *126amounting to $171.00 were dated the 6th day of October, 1856, and bonds amounting to $1,071.00 were dated the 27th day of November, 1856.
These bonds were each signed by William O. Yager, Probate Judge, E. Hoogland, County Commissioner, and Duke W. Hunter, Superintendent of Public Buildings, and sealed and delivered in presence of the Clerk of the…
2Cases cited1 opinion
- Fletcher v. PeckSupreme Court of the United States · 1810
3Cited by29 opinions
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- State Ex Rel. Toomey v. State Board of ExaminersMontana Supreme Court · 1925
- State ex rel. Boynton v. State Highway CommissionSupreme Court of Kansas · 1934
- State v. PhillipsMontana Supreme Court · 1954
- Protest of St. Louis-S. F. Ry. Co.Supreme Court of Oklahoma · 1932
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