Legal Opinion

County of Cass v. Gillett

Supreme Court of the United States

Decided December 18, 1879No. 68PublishedCited by 21 opinions

Error to the Circuit Court of the United States for the Western District of Missouri. This action was brought against the county of Cass, Missouri, on certain interest coupons or warrants detached from bonds purporting to be issued by .the county court of that county. The following is a copy of one of the bonds and of a coupon thereto annexed: — ■ “United States oe America.- “ $1,000.] [County Bond No. 66 “County oe Cass, State oe Missouri.

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Error to the Circuit Court of the United States for the Western District of Missouri. This action was brought against the county of Cass, Missouri, on certain interest coupons or warrants detached from bonds purporting to be issued by .the county court of that county. The following is a copy of one of the bonds and of a coupon thereto annexed: — ■ “United States oe America.- “ $1,000.] [County Bond No. 66 “County oe Cass, State oe Missouri. “ Interest ten per cent per annum, payable on the first days of August and February, in New York. “ Know all men by -these presents, that the county of…

1Opinion of the CourtJustice Bradley

This case is almost precisely similar to that of County of Henry v. Nicolay (95 U. S. 619), the authority for issuing the bonds being claimed under the same charter (that of the Tebo and Neosho Railroad Company), and being pursued under the same general act of March 21, 1868, as. in that case; and the same defence (amongst others) being set up, to wit, that the subscription to the capital stock of the company was made and the bonds were issued by the act of the county court alone, without a vote of the people, as required by the Constitution of 1865. This is "the ground relied on in the first…

2Cases cited5 opinions

  1. County of Warren v. MarcySupreme Court of the United States · 1878
  2. Smith v. County of ClarkSupreme Court of Missouri · 1873
  3. County of Moultrie v. Rockingham Ten-Cent Savings-BankSupreme Court of the United States · 1876
  4. County of Henry v. NicolaySupreme Court of the United States · 1877
  5. County of Schuyler v. ThomasSupreme Court of the United States · 1878

3Cited by21 opinions

  1. Presidio County v. Noel-Young Bond & Stock Co.Supreme Court of the United States · 1909
  2. Scotland County v. HillSupreme Court of the United States · 1889
  3. Green County v. ConnessSupreme Court of the United States · 1883
  4. Tregea v. Modesto Irrigation DistrictSupreme Court of the United States · 1896
  5. Stevens v. The RailroadsUnited States Circuit Court · 1880

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