Legal Opinion

City of Lampasas v. Talcott

Court of Appeals for the Fifth Circuit

Decided May 9, 1899No. 757PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the Western District of Texas. This suit was brought to recover the sum of $2,170, with interest, alleged to be due on 62 coupons attached to bonds issued by the city of Lampasas. A jury trial was waived by the parties, and at the request of counsel for both parties the court made a finding of the facts.

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In Error to the Circuit Court of the United States for the Western District of Texas. This suit was brought to recover the sum of $2,170, with interest, alleged to be due on 62 coupons attached to bonds issued by the city of Lampasas. A jury trial was waived by the parties, and at the request of counsel for both parties the court made a finding of the facts. The court held that the plaintiff was entitled to recover on the coupons, and rendered a judgment in his favor for $2,479.86. The defendant, the city of Lampasas, sued out a writ of error. It is assigned &s error that the court rendered a…

1Opinion of the CourtShelby, Circuit Judge

(after stating the facts as above). The city of Lampasas was made a municipal corporation by special act of the legislature on April 18, 1873. Until 1876 the corporation remained organized under this special act. The city officers then resigned, and the administration of the town’s affairs by officers was abandoned. In February, 1883, the population of the town having increased, an effort was made to form a new municipal corporation. The procedure was under statutes intended to apply to towns that had never been incorporated. The citizens of Lam-pasas were acting on the mistaken presumption…

2Cases cited4 opinions

  1. San Antonio v. MehaffySupreme Court of the United States · 1878
  2. Shapleigh v. San AngeloSupreme Court of the United States · 1897
  3. Largen v. State, ex rel. AbreyTexas Supreme Court · 1890
  4. Viterbo v. FriedlanderU.S. Circuit Court for the District of Eastern Louisiana · 1884

3Cited by1 opinion

  1. City of Colorado v. HarrisonCourt of Appeals for the Fifth Circuit · 1915

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