Legal Opinion

Dallas County v. McKenzie

Supreme Court of the United States

Decided March 3, 1884No. 186PublishedCited by 10 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT, OF MISSOURI. This ivas an action to recover the amounts due on interest coupons of municipal bonds issued in payment of a subscription for $86,000 to railway stock.

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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT, OF MISSOURI. This ivas an action to recover the amounts due on interest coupons of municipal bonds issued in payment of a subscription for $86,000 to railway stock. The bonds contained the following recital: “ This bond is issued, pursuant to an order of the County Court of the county of Dallas, made on the 18th of May, A. d. 1871, and amended on the 19th of • June, a. p. 1871, and on the. 12th of August, a. D, 1871.” There was no vote of the taxpayers of the county to authorize the subscription. The order of the…

1Opinion of the CourtChief Justice Waite

It is no longer an open question in this court that bonds issued by counties in Missouri, during the years 1870 and 1871, in payment of subscriptions to the stock of railroad companies without a vote of the people, are valid if the subscription ivas made under authority granted before the adoption of the Constitution of 1865 which did not require such a vote to be taken. In Ralls County v. Douglass, 105 U. S. 728, the cases in the Supreme Court of the State and in this court bearing on that question are referred to, and our conclusion distinctly stated. We there declined to follow the case of…

2Cases cited5 opinions

  1. Marcy v. Township of OswegoSupreme Court of the United States · 1876
  2. Smith v. County of ClarkSupreme Court of Missouri · 1873
  3. County of Ralls v. DouglassSupreme Court of the United States · 1882
  4. Wilson v. SalamancaSupreme Court of the United States · 1879
  5. State ex rel. Barlow v. Dallas County CourtSupreme Court of Missouri · 1880

3Cited by10 opinions

  1. Board of Com'rs v. SutliffCourt of Appeals for the Eighth Circuit · 1899
  2. Dudley v. Board of Com'rs of Lake CountyCourt of Appeals for the Eighth Circuit · 1897
  3. Wall v. County of St. LouisSupreme Court of Minnesota · 1908
  4. City of Beatrice, Neb. v. EdminsonCourt of Appeals for the Eighth Circuit · 1902
  5. Board of Com'rs v. Travelers' Ins. Co.Court of Appeals for the Fourth Circuit · 1904

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