Clapp v. Otoe County

Citations

• 104 F. 473
• 45 C.C.A. 579
• 1900 U.S. App. LEXIS 3937

Syllabus

<p>1. State Court — Injunction Inoperative on Suit in Federal Court.</p> <p>A state court may not, by injunction rostra ining tbe collection of taxes, prevent a federal court from proceeding to judgment. in an action of which it has jurisdiction, nor from enforcing its judgment by mandamus to compel the levy and collection of taxes to pay it.</p> <p>8. Same — Construction of State Constitution and Statutes — When Obli-satory — Rule.</p> <p>The national courts uniformly follow the construction of the constitution and statutes of a state given by its highest judicial tribunal in all cases that involve no question of general or commercial law and no question of right under the constitution and laws of the nation.</p> <p>3. Same — Question of General Jurisprudence.</p> <p>The question whether or not the illegal action of a municipal or quasi municipal body, in the exercise of a power granted to it, constitutes a defense to bonds issued pursuant to such action, and held by a bona fide purchaser, is a question of general jurisprudence, which the national courts must determine for themselves.</p> <p>4. Same — Exception to Rule — Construction by State Courts After Rights Accrue not Controlling.</p> <p>It is a well-settled exception to the general rule that decisions of state courts which affect the validity of contracts between citizens of different states, which were made, or under which rights were acquired, before such decisions were rendered, are not obligatory upon the courts of the United States in cases involving those rights. ■</p> <p>5. Precinct in Nebraska not a Corporation.</p> <p>A precinct in Nebraska is not a municipal or quasi municipal corporation, and cannot contract, sue, or be sued.</p> <p>6. Precinct Bonds in Nebraska are the Bonds of the County which Issues Them.</p> <p>Bonds issued by a board of county commissioners of a county in Nebraska upon a favorable vote of the electors of a precinct, under sections 3518, 3519, and 3520 of the Compiled Statutes