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…
1DissentWeight, J.
I do not believe that tbe foregoing opinion contains tbe law as applicable to these cases, and therefore I dissent. In mj view the Chief Justice commits the double error of discussing questions really not made by the record, and then misconstruing the law as applied to those questions.
The instruments sued on are of the tenor following:
“ $1000. OEEICE OB' CouNTY JUDGE,
Marshall County, Iowa,,T ^ '
“ By authority of the statutes of the State of Iowa, for *164value received, I, William C. Smith, County Judge of said county, do hereby pledge the faith of said County of Marshall to the payment of the…
2Cases cited3 opinions
- Ring v. County of JohnsonSupreme Court of Iowa · 1858
- State ex rel. Brooks v. NapierSupreme Court of Iowa · 1858
- Darr v. LilleySupreme Court of Iowa · 1860