Robertson v. Blaine County
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Idaho. This action was commenced September 30, 1897, by the plaintiff in error, to recover a judgment against the defendant in error for the sum of $10,590, with interest, the amount alleged to be due on certain bonds and coupons issued by Alturas comity, Idaho, under and in pursuance of an act of the legislature of the state of Idaho entitled “An act providing for the erection of a court house and jail…
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In Error to the Circuit Court of the United States for the District of Idaho. This action was commenced September 30, 1897, by the plaintiff in error, to recover a judgment against the defendant in error for the sum of $10,590, with interest, the amount alleged to be due on certain bonds and coupons issued by Alturas comity, Idaho, under and in pursuance of an act of the legislature of the state of Idaho entitled “An act providing for the erection of a court house and jail at Hailey, the county seat of Alturas county,” approved February 8, 1883. The bonds were issued Ma.y 1, 1883, and were…
1Opinion of the CourtHawley, District Judge
(after stating the facts). Did the court err in sustaining defendant’s demurrer? Is this action barred by the statute of limitations? The entire argument on behalf of the defendant clusters around the proposition that this is an action upon the original bonds, and not upon a debt growing out of them created at a subsequent date; that the act creating the county of Blaine simply provided that Blaine county should assume the payment of the bonded indebtedness of Alturas county; that it did not in terms create any new debt or obligation, but simply recognized the validity of the obligation…
2Cases cited26 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Lincoln County v. LuningSupreme Court of the United States · 1890
- Mobile v. WatsonSupreme Court of the United States · 1886
- Seibert v. LewisSupreme Court of the United States · 1887
- Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Sulphur v. State Ex Rel. Lankford, Bank Com'rSupreme Court of Oklahoma · 1916
- Berkey v. Board of CommissionersSupreme Court of Colorado · 1910
- C. M. Barnes v. Turner and KirkwoodSupreme Court of Oklahoma · 1904
- Board of County Commissioners v. Clarke & CourtsSupreme Court of Oklahoma · 1902
- Sese v. United StatesUnited States Court of Claims · 1953
14 more not listed; retrieve them via the Exa API.