County of Dallas v. MacKenzieAnnotate this Case
94 U.S. 660
U.S. Supreme Court
County of Dallas v. MacKenzie, 94 U.S. 660 (1876)
County of Dallas v. MacKenzie
94 U.S. 660
1. Under the Code of Practice of Missouri, if any one of the defenses set up in the answer is a bar to the plaintiff's right to recover, a demurrer to the whole answer must be overruled.
2. A county in Missouri, sued on certain coupons attached to bonds alleged to have been issued by it, denied in its answer the plaintiff's ownership for value; and, for a further defense, averred that no orders authorizing the issue of such bonds were ever made by the proper county court, but that two of the justices thereof fraudulently and corruptly, but not as a court, made a certain other order, upon conditions which were not complied with. It further averred that such bonds were fraudulently and corruptly issued, and without authority. No copy of the bonds was filed with the plaintiff's complaint. The plaintiff demurred to the answer. Held that the demurrer must be overruled.
This is an action brought by the defendant in error to recover on certain coupons attached to bonds alleged by him to have been issued by the County of Dallas in the State of Missouri. The pleadings upon which the question of law decided by this Court arose are set forth in the opinion.