United States ex rel. Merchants' Nat Bank v. Jefferson County
U.S. Circuit Court for the District of Eastern Arkansas
On the 26th day of October, 1877, the relator recovered a judgment in this court against Jefferson county for $5,120.70 and costs, on negotiable bonds issued by said county in pursuance of the provisions of the act of the general assembly of this state, entitled “An act to authorize certain counties to fund their outstanding indebtedness,” approved April 29th, 1873. By the terms of this act the boards- of supervisors of the counties named therein were authorized “to issue…
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On the 26th day of October, 1877, the relator recovered a judgment in this court against Jefferson county for $5,120.70 and costs, on negotiable bonds issued by said county in pursuance of the provisions of the act of the general assembly of this state, entitled “An act to authorize certain counties to fund their outstanding indebtedness,” approved April 29th, 1873. By the terms of this act the boards- of supervisors of the counties named therein were authorized “to issue the bonds of such counties in any sum necessary to pay the outstanding indebtedness of such counties,” etc. The bonds were…
1Opinion of the Court
CALDWELL, District Judge.
It is a popular but erroneous opinion that the restriction on the taxing power of counties contained In the constitution of 1874 repeals or annuls the provisions of the act of 1S73, making it the duty of the county court to levy a special tax sufficient to pay the interest and principal of the bonds issued under this act, as the same become due.
This erroneous view, in one instance heretofore, occasioned costs and inconvenience, and, to prevent misconception on the subject in the future, it is deemed, proper to state, with some fulness, the law applicable to this class…
2Cases cited12 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Board of Liquidation v. McCombSupreme Court of the United States · 1876
- Ex parte HolmanSupreme Court of Iowa · 1869
- McGehee v. MathisSupreme Court of Arkansas · 1860
- Worthen v. BadgettSupreme Court of Arkansas · 1877
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3Cited by1 opinion
- Board of Com'rs of Grand County v. KingCourt of Appeals for the Eighth Circuit · 1895