Opinion

Board of Comm'rs of Knox Cty. v. Wallace

  • 62 U.S. 546
  • 21 How. 546
  • 16 L. Ed. 211
  • 1858 U.S. LEXIS 680
Court
Supreme Court of the United States
Filed
Mar 11, 1859
Status
Published
Author
Nelson
On the bench
Daniel, Nelson
Cited by
2 cases
Authority
More cited than 74.0%

The opinion

Mr. Justice NELSON

delivered the opinion of the court.

This is a writ of error to the' Circuit Court of the TJnited States for the district of Indiana.

The suit was brought by Wallace against the board, upon several coupons, for instalments of interest which had been attached to certain bonds issued by the defendants to the Ohio and Mississippi R. R. Co. The coupons were owned by the plaintiff, and had been duly presented for payment, which was refused. The defendants plead the general issue, and six special pleas, to which there were replications, except the second and sixth pleas, to which there were demurrers.

The court sustained the demurrers. There were afterwards amendments and demurrers to pleadings not very intelligible in the record, and seem not to have been relied on by either party. The case was tried upon the general issue, and the facts disclosed upon the trial were substantially the same,

mutatis mutandis^

as those which were proved or admitted in the previous case of Aspinwall and others against these same defendants. After the evidence was close.d, the defendants presented ten prayers to the court, upon each of which instructions were given. It is unnecessary to go through them; the questions involved have already been exámined in the' case above mentioned, and th,e result there arrived at affirms the judgment in this case.

Judgment affirmed.

Mr. Justice DANIEL dissented.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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