Nemaha County v. Frank
120 U.S. 41 (1887)

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U.S. Supreme Court

Nemaha County v. Frank, 120 U.S. 41 (1887)

Nemaha County v. Frank

Submitted December 20, 1886

Decided January 17, 1887

120 U.S. 41

Syllabus

When the defendant in an action at law denies each and every allegation in the declaration and puts the plaintiff on his proof, it is not error to order stricken from the answer special defenses which may be set up under this general denial.

It has been settled by this Court in Davenport v. Dodge County,105 U. S. 237, and Blair v. Cuming County,111 U. S. 363, that coupons like those sued on in this case are obligations of the county, and that an action may be maintained against the county upon them,

This was an action at law against a county to enforce the payment of coupons on bonds issued by the county. The case is stated in the opinion of the Court.

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