(DOWNLOAD) "Richard L. Herald v. State Idaho" by Court of Appeals of Idaho " eBook PDF Kindle ePub Free
eBook details
- Title: Richard L. Herald v. State Idaho
- Author : Court of Appeals of Idaho
- Release Date : January 20, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Richard Herald appeals from an order of the district court dismissing his declaratory judgment action to determine "the substance of the money of account of the United States." In his action, Herald queried whether it was legal for him to pay his assessed real property taxes with federal reserve notes. In particular he questioned the authority of Congress to establish the Federal Reserve System and to allow issuance of federal reserve notes as currency through that system. He argued that Art. 1 ร§ 10 of the United States Constitution precludes payment of his taxes in anything but gold or silver coin. The district court, upon motion of the respondent county, dismissed the case, holding that the court did not have jurisdiction to inquire in to what constitutes legal tender. We believe the district court erred in concluding it did not have jurisdiction to entertain Heralds action. However, because under well established rules of law Herald is not entitled to any relief on his assertions, we uphold the dismissal of his action.