Legal Opinion

Scotland County v. Hill

Supreme Court of the United States

Decided November 4, 1889No. 29PublishedCited by 44 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This action was comménced in the year 1876 to recover on coupons issued by the county of Scotland, in Missouri, in payment of a subscription to the stock of the Missouri, Iowa and Nebraska Eailway Company. Answer was made. ■ In 1879 an amended complaint was filed, and, issue being joined, such proceedings were had in the cause that judgment was entered for the plaintiff.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This action was comménced in the year 1876 to recover on coupons issued by the county of Scotland, in Missouri, in payment of a subscription to the stock of the Missouri, Iowa and Nebraska Eailway Company. Answer was made. ■ In 1879 an amended complaint was filed, and, issue being joined, such proceedings were had in the cause that judgment was entered for the plaintiff. To this judgment the defendant sued out a writ of error. Argument on this was had at October term 1884, which resulted in the remand of the…

1Opinion of the CourtJustice Harlan

After stating the case as above reported, he continued:

The question of power in the county court to subscribe to the stock of the Missouri, Iowa and Nebraska Railway Company, without a previous vote of the people, and to issue bonds in payment of its subscription, was directly presented and determined, upon full consideration, in County of Scotland v. Thomas, 94 U..S. 682, decided in 1876. The coupons there in suit were of the same issue of bonds as those from which the coupons in the present suit were detached. It is true that ■ that case was determined upon demurrer to the complaint. But…

2Cases cited16 opinions

  1. Montclair v. RamsdellSupreme Court of the United States · 1883
  2. Cromwell v. County of SacSupreme Court of the United States · 1878
  3. Andrews v. PondSupreme Court of the United States · 1839
  4. County of Warren v. MarcySupreme Court of the United States · 1878
  5. Commissioners of Douglas County v. BollesSupreme Court of the United States · 1877

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3Cited by44 opinions

  1. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
  2. United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  3. Bedford v. Eastern Building and Loan Assn.Supreme Court of the United States · 1901
  4. Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
  5. Burns v. ShapleyAlabama Court of Appeals · 1917

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