Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
It appeared from the sequel that Judge Cole had also prepared a
dissenting opinion in the case, and these two opinions, that written
by Judge Beck as the opinion of the court, and the one written by
himself were both published in the _Western Jurist_ the ensuing
January, the one marked "B" and the other marked "C," but suppressing
the fact that the opinion marked "B" was the opinion of a majority of
the court, and that none of the judges, except Judge Cole, agreed with
the opinion marked "C;" and having the following extraordinary note
printed in connection with the opinions, Judge Cole being then the
editor of the _Western Jurist_: "These two articles, this and the
following which advocates a different view of the same question, are
from members of the profession in Iowa occupying equal prominence
before the public, and whose opinions are entitled to consideration."
Whilst these opinions do not give the detail of the case that was
submitted to the court and to which they relate, yet by carefully
reading them you can easily see that they refer to an actual
controversy that had been pending before the supreme court. The
supreme court of Iowa subsequently decided the question that was
involved in the case of Sneer vs. the City of Des Moines, establishing
the principle as applied to this transaction to the effect that the
bonds were absolutely void in the hands even of an innocent purchaser
if such had been the case. See
McPherson vs. Foster, 43 Iowa, page 48.
Mosher vs. Independent School Dist., 44 Iowa, page 122.
French vs. Burlington, 42 Iowa, page 614.
Andrews vs. Orient Fire Ins. Co., 88 Iowa, page 579.
Holliday vs. Hildebrandt, 66 Northwestern Reporter, page 89.
The dismissal of the appeal by Sneer left the decree entered by Judge
Maxwell in full force as though no appeal had ever been taken, and the
parties procuring this result, after they had full knowledge of the
fact that the majority of the judges of the supreme court held the
bonds void, are fully entitled to all of the credit that their conduct
merits, and I only record the matter here as a matter of history and as
vindication of myself and to exonerate myself from any responsibility
for the final result, as I had no knowledge of the dismissal of the
appeal until long after the thing was done.
I have within the past few weeks examined the archives of the supreme
court, and find that the original opinion of the court written by
Judge Beck signed "B" and printed in the _Western Jurist_ (see Vol.
VI-1872) cannot be found, and also the paper signed by George Sneer
dismissing the appeal is missing from the files of the court. I
presume the city council, as they had by their attorney asked to be
enjoined from disputing the validity of these bonds, had obtained a
decree against themselves to that effect, very willingly paid the
bonds when they matured, but of this I have no actual knowledge.
CHAPTER XVI
BIRTH OF A SON AND PERSONAL INCIDENTS
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