Hull & Argalls v. County of Marshall
Supreme Court of Iowa
Appeals from Tama and Johnson District Courts. The facts are stated in tbe opinion of the Court. I. The want of authority in the county judge to issue these bonds, cannot be raised by demurrer. Saxton’s N. J., Ch. E., 550; Ang & Ames Corp. § 224, and the authorities there cited. Ring v. Johnson County, 6 Iowa, 268. The last case is directly in point.
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Appeals from Tama and Johnson District Courts. The facts are stated in tbe opinion of the Court. I. The want of authority in the county judge to issue these bonds, cannot be raised by demurrer. Saxton’s N. J., Ch. E., 550; Ang & Ames Corp. § 224, and the authorities there cited. Ring v. Johnson County, 6 Iowa, 268. The last case is directly in point. A vote of the people was conceded necessary to the validity of the bonds, but the court say: “The pleader may assume the needful circumstances until the contrary is pleaded, * * * * and without further discussion, we percieve no reason why the…
1Opinion of the Court
Lowe, G. J.
These causes have their origin in a similar state of facts, and in their main features involve the same questions.
On the 14th day of January, 1859, Wm. 0. Smith, County Judge of Marshall County, contracted with one Wm. Dishon, for the buliding of a court house at Marietta, in said county, to be completed in twenty months, at a cost of $26,000; and *154issued and delivered to him as payment therefor in advance, twenty-six bonds of one thousand dollars each, of the date aforesaid, drawing ten per cent interest, and payable to William Dishon or order, in one, two, three and four years,…
2Cases cited4 opinions
- Pearce v. Madison & Indianapolis RailroadSupreme Court of the United States · 1859
- McMillan v. Lee CountySupreme Court of Iowa · 1856
- Clayton v. WardellNew York Supreme Court · 1849
- State ex rel. Brooks v. NapierSupreme Court of Iowa · 1858
3Cited by28 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- McPherson v. Foster Bros.Supreme Court of Iowa · 1876
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Lynde v. the CountySupreme Court of the United States · 1873
- State v. Bank of the State of MissouriSupreme Court of Missouri · 1870
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