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Dallas County v. Huidekoper

154 U.S. 655 Court SCOTUS Decision date 1880-04-05 Docket Nos. 224 and 226 English

Delivered by Waite C.J.

Contents

Majority — Waite C.J.

p. 655
DALLAS COUNTY v. HUIDEKOPER. SAME v. DAVOL.

Syllabus

APPEALS FROM THE CIRCUIT COURÍ OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI.
Nos. 224 and 226.
Argued March 25, 1880.
Decided April 5, 1880.
Mr. S. H. Boyd, Mr. A. D. Matthews and Mr. B. L. Brush for appellant.
Mr. Joseph Shippen for appellees.

delivered the opinion of the court.

These are suits in equity to enjoin the collection of judgments against Dallas County on coupons for interest attached to the same class of bonds just considered in Dallas County v. Huidekoper, No. 225, ante, 654, and relief.' is asked on the ground that the charter of the railroad company had expired before any organization was effected under it, and that this fact was not known to the county until after the judgment was rendered. After what has been said in the other case, it is clear that the bills were properly dismissed without considering the power of a court of- equity to sustain such a suit, and the decree in each of the cases is consequently Affirmed.