Carpenter v. Buena Vista County
U.S. Circuit Court for the District of Iowa
On demurrer to the petition. The action is brought [by A. C. Carpenter] upon three instruments, substantially as follows: “Bond due in one year. Know all men, etc., that there is due from the county of Buena Vista to Lansing W. Lewis, or bearer, $1,000, with interest at the rate of ten per cent, per an-num, payable on, etc., on surrender of annexed coupons. For the performance of all which the faith of the said county of Buena Vista is pledged.
Read the full summary
On demurrer to the petition. The action is brought [by A. C. Carpenter] upon three instruments, substantially as follows: “Bond due in one year. Know all men, etc., that there is due from the county of Buena Vista to Lansing W. Lewis, or bearer, $1,000, with interest at the rate of ten per cent, per an-num, payable on, etc., on surrender of annexed coupons. For the performance of all which the faith of the said county of Buena Vista is pledged. Said bold is issued in accordance with a law of the state of Iowa, and authorized by a vote of the commonwealth of the county of Buena Vista,…
1Opinion of the Court
DILLON, Circuit Judge.
The bonds are negotiable in form, and purport to be under the seal of the county, and to be signed by the proper county officials. They are alleged to have been executed and delivered by the defendant, and on the demurrer it must be assumed that they are signed by the proper officers of the county, and are under its official seal. The substantial question presented by the demurrer is, whether, in an action against a county in Iowa, on bonds like those in suit, it is essential that the petition should affirmatively show, either by averment or by the recital in the…
2Cases cited3 opinions
- Hull & Argalls v. County of MarshallSupreme Court of Iowa · 1861
- Ring v. County of JohnsonSupreme Court of Iowa · 1858
- Starr & Rand v. Board of SupervisorsSupreme Court of Iowa · 1867