Milner v. Pensacola
United States Circuit Court for the Northern District of Florida
This cause was heard upon demurrer to the pleas. The action was brought to recover the amount due on a large number of interest coupons attached to bonds issued by the city of Pensacola.
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This cause was heard upon demurrer to the pleas. The action was brought to recover the amount due on a large number of interest coupons attached to bonds issued by the city of Pensacola. The following is a copy of one of the bonds: “Issued in conformity with the 2d section of an act amendatory of an act to amend the act incorporating the city of Pensacola, passed by the legislature of the' state, December 29, 1852, and approved by the •governor, January 3, 1853. City of Pensacola, State of Florida: Know all men by these presents, that the city of Pensacola is indebted to the Alabama & Florida…
1Opinion of the Court
WOODS, Circuit Judge.
The- defendant pleads the general issue and six special pleas, which, however, set up but two substantial defenses to the action.
The first of these special defenses is in effect as follows: That the authority to incur the indebtedness for which the bonds were issued was dependent upon the consent of a majority of the corporation composing said city, and that at the election held to decide whether-the city would incur said indebtedness, only ninety-five votes were cast, which was not a majority of said corporation; and the question submitted to the voters was whether the…
2Cases cited3 opinions
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
- Coulter v. RobertsonCourt of Appeals of Mississippi · 1852
- Board of Commissioners v. CoxIndiana Supreme Court · 1855
3Cited by5 opinions
- Broughton v. PensacolaSupreme Court of the United States · 1876
- Bates v. GregoryCalifornia Supreme Court · 1891
- Erwin v. StateTennessee Supreme Court · 1905
- City of Guthrie v. WylieSupreme Court of Oklahoma · 1896
- State v. NatalSupreme Court of Louisiana · 1887