Clark v. Polk County
Supreme Court of Iowa
Appeal from Pollc District Court. This suit is brought upon county warrants. The petition contains twenty-four counts, upon as many warrants. The plaintiff recovered judgment for the full amount of his claim, and the defendant appeals. The record is quite voluminous, and it will conduce to perspicuity to state the facts bearing upon each point in connection with the discussion of the legal questions arising thereon.
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Appeal from Pollc District Court. This suit is brought upon county warrants. The petition contains twenty-four counts, upon as many warrants. The plaintiff recovered judgment for the full amount of his claim, and the defendant appeals. The record is quite voluminous, and it will conduce to perspicuity to state the facts bearing upon each point in connection with the discussion of the legal questions arising thereon. The further necessary statement of the case will, therefore, be found in the opinion.
1Opinion of the CourtCole, J.
i. plead-upon comity I. The defendant, for answer to certain counts, averred, “ that the said several warrants set out therein, anc^ each °f them, were issued without a recorded vote of the board of supervisors of Polk county, Iowa, and are therefore without any authority from defendant; nor are they, or any of them, binding on *250defendant.” To this count in the answer the plaintiff demurred, because the same did not constitute a defense as against the plaintiff, who is an innocent holder, without notice, and not charged with fraud. The District Court sustained the demurrer, to which the…
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