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Douglass Vs. County of Pike
Cites for this judgment
- US Supreme Court
- Jan 01, 1879
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Douglass v. CountySearch
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of Pike - 101 U.S. 677 (1879) U.S. Supreme Court Douglass v. CountySearch
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of Pike, 101 U.S. 677 (1879) Douglass v. CountySearch
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The court in this case adheres to its ruling in accordance with those decisions, as announced in County of Cass v. JohnstonSearch
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CHIEF JUSTICE WAITE delivered the opinion of the Court. We are asked to reconsider our decision in County of Cass v. JohnstonSearch
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U. S. 360 , because, since that case, the Supreme Court of Missouri, in State ex Rel. Woodson, v. BrassfieldSearch
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the time the act was in operation, from its original passage until after the recent decisions, remarked in Westerman v. CapeSearch
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have been brought on these township bonds in the federal courts of this state, and prior to the decision in Harshman v. BatesSearch
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opinion of the supreme court of the state on that subject. The act went into operation in 1868, and in 1869, The State v. LinnSearch
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discrepancy between the act and the constitution was just as apparent then as it is now, and Judge Dillon, in Foote v. JohnsonSearch
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In County of Cass v. JohnstonSearch
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with the correctness of our former conclusion. It is thought, however, that we did not give sufficient effect to State v. SutterfieldSearch
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The court then refers to Bassett v. TheSearch
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Mayor of St. Joseph, 37 Mo. 270, State v. BinderSearch
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id. 450, and State v. WinkelmeierSearch
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the two provisions of the constitution, and especially so as the judge who delivered the opinion of the court in State v. SutterfieldSearch
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by his dissent in the later cases of State v. BrassfieldSearch
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sec. 1. At the February Term, 1866, of the supreme court of the state, that court was called on, in Bassett v. TheSearch
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was made for such subscriptions. Following this, at the October Term, 1866, of the same court, was the case of State v. BinderSearch
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Mo. 450, in which similar language in another statute was construed, and Bassett v. TheSearch
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of those who did vote, and so are to be considered as equally bound and concluded by the result of the election. Rex v. FoxcroftSearch
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the legislature to be the assent of the qualified voters. It was under this state of facts and the law that State v. LinnSearch
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have accrued under earlier rulings will be injuriously affected. The language of Mr. Chief Justice Taney, in Rowan v. RunnelsSearch
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Trust Co. v. DeboltSearch
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How. 416, the same learned Chief Justice, after reiterating what he had before said in Rowan v. RunnelsSearch
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This distinction has many times been recognized and acted upon. Supervisors v. UnitedSearch
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Fairfield v. CountySearch
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to use again the language of Mr. Chief Justice Taney in Rowan v. RunnelsSearch
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was made. The rules which properly govern courts in respect to their past adjudications are well expressed in Boyd v. AlabamaSearch
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inconsistent with this opinion as law and justice may require, and it is So ordered. NOTE -- In Darlington v. CountySearch
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by Mr. John B. Henderson for the plaintiff in error and by Mr. John C. Gage for the defendant in error, and in Foote v. CountySearch
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MR. CHIEF JUSTICE WAITE delivered the opinion of the Court reversing the judgments below on the authority of Douglass v. CountySearch
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U.S. Supreme Court Douglass v. CountySearch
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Rel. Woodson, v. BrassfieldSearch
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Westerman v. CapeSearch
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Harshman v. BatesSearch
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The State v. LinnSearch
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Foote v. JohnsonSearch
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State v. SutterfieldSearch
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Bassett v. TheSearch
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State v. BinderSearch
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and State v. WinkelmeierSearch
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of State v. BrassfieldSearch
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of State v. BinderSearch
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and Bassett v. TheSearch
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Rex v. FoxcroftSearch
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State v. LinnSearch
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Ohio Life Insurance & Trust Co. v. DeboltSearch
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