Scotland County v. Hill
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This action was brought to recover on bonds of the same issue sued Upon in County of Scotland v. Thomas, 94 U. S. 682. It differs from that case in this: The fourth plea avers that after the bonds, from which the coupons sued for were cut, had been executed by the officers of the County Court, they were placed in the hands of Charles Metz, as trustee of the county; that on the 11th of…
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This action was brought to recover on bonds of the same issue sued Upon in County of Scotland v. Thomas, 94 U. S. 682. It differs from that case in this: The fourth plea avers that after the bonds, from which the coupons sued for were cut, had been executed by the officers of the County Court, they were placed in the hands of Charles Metz, as trustee of the county; that on the 11th of September, 1871, while they were in his hands, Levi Wagner and other citizens and tax-payers of the county brought a suit…
1Opinion of the CourtChief Justice Waite
He stated the facts in the foregoing language, and continued:
All the rejected evidence was, in our' opinion, improperly excluded. The decree in the Wagner suit was set up as a bar to the action, on the ground that the liability of the county for the coupons was res judicata between the parties. The suit, although brought by citizens and tax-payers of the county, ivas, in effect, the same as though brought by the county itself to test the validity of the subscription which had been, made to the stock of the company and the power of the County Court to bind the county to pay the bonds which it…
2Cases cited2 opinions
- County of Warren v. MarcySupreme Court of the United States · 1878
- Eschbach v. Hurtt ex rel. ApplegarthCourt of Appeals of Maryland · 1877
3Cited by47 opinions
- United States v. MoserSupreme Court of the United States · 1924
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- State v. CliffordWest Virginia Supreme Court · 1906
- United States v. Edwin Affron KartmanCourt of Appeals for the Ninth Circuit · 1969
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
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