Coffin v. Board of Com'rs
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court: of the United States for the District of Kansas. At Law. Action on county bonds by William Edward Coffin, Walter Stanton, and Charles Fawcett Street, partners as Coffin & Stanton, against the board of county commissioners of the county of Kearney, Kan. The circuit court overruled a demurrer to defendant’s plea, and on plaintiff’s refusal to plead further gave judgment for defendant. Plaintiffs bring error.
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In Error to the Circuit Court: of the United States for the District of Kansas. At Law. Action on county bonds by William Edward Coffin, Walter Stanton, and Charles Fawcett Street, partners as Coffin & Stanton, against the board of county commissioners of the county of Kearney, Kan. The circuit court overruled a demurrer to defendant’s plea, and on plaintiff’s refusal to plead further gave judgment for defendant. Plaintiffs bring error. Statement by THAYER, District Judge: This was a suit ou county bonds which were issued by Kearney county, Kan., on August 1, 1888, for the purpose of…
1Opinion of the CourtThayer, District Judge
The first question presented for our consideration is whether the *140proviso contained in the act relative to the organization of new counties (1 Gen. St. Kan. 1889, p. 586, § 120) was intended by the legislature to prohibit newly-organized counties from issuing funding bonds, as authorized by the act of March 10, 1879, or was merely 'intended as a prohibition against the issuance of those bonds which could only be issued when authorized by a popular vote? Much stress is laid on the fact that the proviso as first adopted on March 15, 1876, declared that “no bonds of any kind shall be issued,”…
2Cases cited12 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Dixon County v. FieldSupreme Court of the United States · 1884
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- McClure v. Township of OxfordSupreme Court of the United States · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
- National Life Ins. Co. of Montpelier v. Board of EducationCourt of Appeals for the Eighth Circuit · 1894
- Rialto Irr. Dist. v. StowellCourt of Appeals for the Ninth Circuit · 1917
- Board of Com'rs v. IrvineCourt of Appeals for the Eighth Circuit · 1903
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.