City of Huron v. Second Ward Sav. Bank
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of tlie United States for the District of South Dakota. This is an action brought by the Second Ward Savings Bank, the defendant in error, against the city of Huron, the plaintiff in error, upon coupons cut from 16 funding bonds of $500 each, which that city issued on August 15, 1889. The defense was (1) that the bonds were issued to pay, and that their proceeds were devoted to the payment of, void warrants, which the city had issued to proipote…
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In Error to the Circuit Court of tlie United States for the District of South Dakota. This is an action brought by the Second Ward Savings Bank, the defendant in error, against the city of Huron, the plaintiff in error, upon coupons cut from 16 funding bonds of $500 each, which that city issued on August 15, 1889. The defense was (1) that the bonds were issued to pay, and that their proceeds were devoted to the payment of, void warrants, which the city had issued to proipote its selection as the capital of the state of South Dakota; (2) that these bonds created a debt in excess of the…
1Opinion of the CourtSanborn, Circuit Judge
The first contention of counsel for the plaintiff in error in this case is that the bonds and coupons in controversy are void, although the former recite upon their face that they were “issued for the purpose of funding the floating indebtedness of the city of Huron,” because they were in fact issued, and their proceeds were actually used, to pay city warrants which constituted no debt, but which the city of Huron had emitted in violation of its charter and of the organic act of the territory of Dakota. This proposition is without novelty. It presents the old questions which have often been…
2Cases cited56 opinions
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Doon Township v. CumminsSupreme Court of the United States · 1892
- Evansville v. DennettSupreme Court of the United States · 1896
- Anderson County Commissioners v. BealSupreme Court of the United States · 1885
51 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- In Re Menefee, State TreasurerSupreme Court of Oklahoma · 1908
- West v. Town of Lake PlacidSupreme Court of Florida · 1929
- Independent School Dist. of Sioux City v. RewCourt of Appeals for the Eighth Circuit · 1901
- Hughes County v. LivingstonCourt of Appeals for the Eighth Circuit · 1900
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