Legal Opinion

County of Cass v. Johnston

Supreme Court of the United States

Decided November 12, 1877No. 60Published

Error to tbe Circuit Court of the United States for the Western District of Missouri. Johnston, a citizen of Iowa, brought this action Sept. 3,1874, against the “ County of Cass, trustee for Camp Branch Township in said county, State of Missouri,” to recover the amount of certain overdue* coupons attached to bonds whereof he alleged that he was the lawful holder.

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Error to tbe Circuit Court of the United States for the Western District of Missouri. Johnston, a citizen of Iowa, brought this action Sept. 3,1874, against the “ County of Cass, trustee for Camp Branch Township in said county, State of Missouri,” to recover the amount of certain overdue* coupons attached to bonds whereof he alleged that he was the lawful holder. A copy of one of the bonds and of a coupon annexed thereto is as follows: — ' United States oe America, “ State of Missouri.' “Cass County Bond. “ No. 58.] Interest ten per cent per annum. [$500. “ Know all men by these presents,…

1Opinion of the Court 1

95 U.S. 360 (____)

COUNTY OF CASS

v.

JOHNSTON.

Supreme Court of United States.

The case was argued by Mr. Willard P. Hall and Mr. John C. Gage for the plaintiff in error, and by Mr. John B. Henderson for the defendant in error.

2Opinion of the Court · WaiteChief Justice Waite

The first question presented for our determination in this case is, whether the "Township Aid Act" of Missouri is repugnant to art. 11, sect. 14, of the Constitution of that State, inasmuch as it authorizes subscriptions by townships to the capital stock of railroad companies whenever two-thirds of the qualified voters of the township, voting at an election called for that…

Also in this document: Dissent.

3Cases cited10 opinions

  1. County of Cass v. JohnstonSupreme Court of the United States · 1877
  2. Taylor v. TaylorSupreme Court of Minnesota · 1865
  3. St. Joseph Township v. RogersSupreme Court of the United States · 1873
  4. Harshman v. Bates CountySupreme Court of the United States · 1876
  5. State v. WinkelmeierSupreme Court of Missouri · 1864

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