*1 Lynde County. v. The Syllabus. have to ness of instrument would been tbe brought who notice of would government, agent on to Cloud did'not execute inquiry why ascertain to of this would have disclosed it, pursuit inquiry him exact condition of things.’^'
In if the is so written that it that case, bond any appears it, it with several takes expected obligee sign defence notice who do it can set in obligors sign up want execution others, if to be- t|iey agreed on bound, condition that the co-sureties only come execution;-* in the joined areWe aware that there is a conflict of opinion of this courts decided in country point case, this we think we are sustained weight authority. At it is clear rate, that the doctrine of principle should be pais estoppel defence. applied It would serve useful to review the authorities. purpose This work has been in several well-considered performed in Maine, Indiana, cases these Kentucky, although do not courts rest decisions on the same ground, yet all facts this suit do not con agree pleaded in a bar stitute to the action.*.
Judgment aeeiemed. Lynde County.
1. The submission the. voters of a under the Code of Iowa, “whether at the time of annual shall taxes tax of a mills levy special number of- on a specified dollar of valu- constructing for the ation, court-house the tax to county; from be levied . until a sufficient year year is raised for said purpose, not to exceed.” &c., is (by implication)-a submission of the question be borrowed to build the and nego- court-house, bonds be sold the means of borrowing; tiable the same though this, section! code enacts the county'judge submit to the voters be'borrowed aid question whether'money may tbe v. Parker, State v. Peek, Metcalfe [53] (Ky.), Maine, 284; State v. Pepper, [31] Indiana, 76; Millett Dec. 1872.] of the ease.
Statement question submitted public buildings;” though erection enactment virtue of an as above mentioned submitted involves question submitted immediately following,>that when the so ac- money, question expenditure the. in addi- payment for the thereof by provision tax companied This, holders, bond respects the usual' at least as tion to taxes.” fide *2 declare, issued, on their face value, of so the bonds and for bonds when of the people issued in with a vote of said bonds are accordance “.all county.” of said Iowa, designated the the judge being, by Code of officer county 2 bor- given required voters have the sanction decide the hjs bonds, rowing issue money issuing of execution and and “ in accord- all bonds are issued setting forth on their face that of said county,” people the a vote of the and that people ance with taxes,” &e., evidence of sufficient is conclusive have voted the county holders popular respects of the sanction so far as against the bond and for value. fide to make them given county power A to issue bonds carries with a issued, of the for as beyond county the limits which (cid:127)payable is, and to. sell county the limits of the in beyond also State them such limits. beyond it, also, right previously I. It carries cancel bonds con- market, by county, yet him on the with the and tractor him ones in a form. issue to new different Iowa, which enacts that case of the “absence” 6. Under the Code the said county judge county supply place, clerk shall his when, State, county is not, is from the clerk owing to absence ' county county judge county holding a term ns — business, there, doing issuing county warrants, court and other in. wholly county, discharge acting county judge of his duties as —so not, limits of superseded may beyond in his as that he when office acts, gr., and issue county, do as ex. execute certain ministerial county; for purpose whose is to advance the concerns of seal; is, new buy, place county the Code where having county procure authorized the one. judge to Iowa; District of the Circuit Court for Error case thus: enacts; 98, thus of Iowa
The Code section is a body corporate or hereafter now ‘-‘Each county organized sue and may as such civil and only; for political purposes law; may acquire a seal such as sued; beep provided necessary expe- make and hold contracts all property control, and improvement dient for management, powers exercise of its civil political arid the better same, v. Statement of the case. take order for the may of its disposition property; such other do and exercise such acts, other as powers, may allowed law.” section
By made— “ The officer, and accounting general agent as such is authorized and ... required to take the man- of all business; ... to audit all agement claims money to draw and seal with against county; the county seal all warrants on treasurer for out of paid coiinty ... treasury; the fiscal concerns of superintend and secure their management the best manner.” section 129 the By court has- n power— To erection and provide t.he reparation court-houses, apd necessary within bpildings and for the jails, use of the county.” ’ n sections it is 114-116 enacted
By that— . “ The submit to the county judge may of his people election, or *3 at at a any regular one special called for that pur- the question moneymay borrowedto aid pose, erection puonc buildings. of the “When involves the question so submitted or borrowing the of of the expenditure question money, proposition bo a tax for accompanied provision payment faxes, thereof, in bio vote addition to the usual adopting will be unless it of effect proposed, adopt tax also.” Section 119 proceeds:
“The on county satisfied the above being require- ments have been with, and that substantially complied a ma- of the votes cast in favor of jority sub- proposition vote, mitted, shall cause the result to’ bo proposition of minute-book,- on and a entered at notice of large its adoption for the same time and in the same manner is as published above provided publishing preliminary notice; from the result entering vote.inrelation to or borrowing of of . . . the vote money, entry on the expending -county thereof have the an act records shall the- General force effect of Assembly.” Dec. v. 1872.]
Statement of the ease.
Section enacts that— . “ The of each a seal.is required having obtain, aá soon for his practicable, a new seal county, the same with size one, present device, and with the same but' the on which shall inscription be ‘seal of- the -Iowa’ (naming county), and each capital letters; new obtained, seal hereafter shall be of the same &e. description,”
Section 111 enacts that— “In case of a in the office vacancy of county judge; and the case of the absence inability, interest of that officer',the prosecuting attorney supply . . place, . when the prosecuting attorney act the clerk shall fill the place judge.”
The office of “prosecuting attorney county” afterwards abolished.
These of the Code provisions force, Bobei-t Clark, the county judge submitted to the Winnebago, voters of ejection. at a held special on the 6th day March, 1860, the a tax'of question seven mills dollar, buildiug court-house; said tax to be levied ten annually, until exceeding years, a sufficient amount was raised for the said purpose. whole number of votes election was twenty-nine, favor of the twenty-four proposition.
No was ever submitted to the to borrow issue or to bonds for that or purpose. then a contract county j made udge one Martin to build a court-house for the Bumgardner and on the’contract, account made and delivered to him, on the of Marcli, 1860, bonds in the 9th name day of the county for which the $20,000, court-house was to be built. *4 he
Afterwards went to New York and Bumgardner, to act as county professing made and county, new issued bonds for Bumgardner $20,000, which new bonds differed in the- amount of each, time of payment, in the and amount of and in coupons, and particulars; The
Statement of the case. he the seal York, a seal New which called had made said He then and there bonds of the county. signed them to said seal to delivered them, and affixed the Burngardner.* were their terms bonds thus issued, contained bearer, to Martin
payable Burngardner face: recitation a vote
“All of said issued accordance with bonds county said and in of an order Ofthe county, pursuance people entered of record County, court Winnebago legally March, A.D. on the 9th day officeof county judge, with said Martin Bum- of a contract entered into fulfilment for erection of a court-house said gardner, of'said have voted the And people Winnebago. from taxes, prin- of sufficient year year, pay all bonds as same interest of each and of said cipal mature and become payable.” with a teste
And ended thus: I, Clark, Robert whereof witness “In set hand affixed seal of hereto the said my of March, 9th A.D. day I860. Clark; Robert County Judge.”’ [seal.] with a in accordance now, The old of, when the’new oues were deliv- spoken Clark made by afterwards and were can- York, at New to Clark ered up celled. New York, was making Clark delivering-
While Court of clerk of District Winnebago new not state reason any the court below did finding of facts ones, issue of history bonds and the new nor old cancellation however, exceptions, The bill stated bought in New York. seal new Clark, “finding to show county)’offered (the that the defendant negotiated,” printed, purchased had other bonds original bonds couldnot.be brought seal thus obtained in New York back to &c.; seal, $4, by Burngardner sold County, and Winnebago ” objected seal plaintiff to all been used since had ever Rep. irrelevant; the court admitted it. — testimony as such *5 Dec. ,1872.] Lynde County. The v.
Opinion of the court. in held a term acting and did other warrants, and issued court, of of his duties as county judge. business discharge one new bonds into the of The possession Lynde, coming defence value, without notice who them purchased son; his left them his last will to he them, by dying nor interest of the bonds paid, neither being principal below, on them court sued the son as above the court facts found essentially by being, The them ve for the the court stated, county. To judgment ga the plaintiff excepted. judgment ; in error Mr. T. F. Withe- Bean, Mr. H. plaintiff D.. contra.
row, delivered the Mr. Justice SWAYNE court. opinion of certain bonds issued The case by validity involves cases have Such county Winnebago. us; The one before numerous this court. been though of its which has not new in some aspects, point presents determined cases. The substantially par- preceding aud the court, ties waived jury, according provisions statute found find- the' facts. subject, for us are set forth in record. ings the facts found warrant is, decide judgment given. Iowa of 1851* authorizes The Code county judge, Court, as the for the erection County provide
sitting court-houses, arfd jails, reparation necessary within for the use of the county.” buildings is a corporate.† In Iowa every county body was said County the Su Clapp by In Cedar‡ office the State that the Court of preme and duties defined created powers statute, the law of where those powers aud agency, principles have no are drawn that “he application; duties Idem, 14, 93, g 129, chapter p. p. 19. Chapter § † Ipwa, 15. 5th ‡ of the court.
Opinion and embodiment of county,” is the living representative In Hull his acts are the acts of corporation.” and that vir was held that, Marshall* it County Argalis v. The & tue contract for the. build of his authority, might general out of the revenue of of a court-house, paid ing incurred for that that when a debt was to be be conferred by popular special authority further vote in the manner statute. It provided by held authorized, that where loan was thus the form *6 securities not be being prescribed, negotiable might issued. that' statute submit to the provides may “ election, at or special,
people,, question regular, .a to aid in whether be borrowed the erection not be public questions buildings,” necessary “ mentioned; in and that when the so submitted question volves the or it “must expenditure money” borrowing a a tax for the .be by provision lay payment accompanied no that vote thereof,” question proposed adopting the tax be of effect unless will adopt also.”† into record this case we that the .the fiud TTponlooking to the voters was, submitted question the taxes for 1860, year judge, a seven mills on dollar a tax ’of of valua- should special court-house in said constructing tion, tax be levied from .to until said year year not, however, is raised for purpose, sufficient ' was the There ten requisite majority exceed years.” It in this formula expressed proposition. favor we built, be think it was to was im- a court-house that was to be borrowed ob- accomplish that money plied the vote did not authority gave Otherwise ject. idle au- was an statute ceremony. exist, already only they might an give appeal thorized It could not to incur debt. authority refuse until should a sum erection delayed that the intended 15, 114-116, pp. 23, chapter Iowa, 142. Code $$ † n Dec. 1872.] Opinion the court.
sufficient to for the structure had been realized from the pay tax authorized to or that the work should imposed, pro ceed with the of its pari passu collection from progress exp What is is as effectual as what is .implied year year. in the Viewing subject light statutory ressed.* and of the action of the we provisions people, say- that the bonds were issued without due authorization. if the
But, doubtful, there are other facts which, our are conclu- bearing upon point judgment, is the officer sive.. designated statute to decide whether the voters have required sanction. He executed and issued the and the requi- site sanction is set forth popular face. It is settled rule of law where a that; particular functionary i.s clothed with such a his de- duty deciding cision, absence fraud or is final. It is collusion, for examination, and neither open can behind party go it. Here the bonds are in the hands aof bond purchaser, fide- under the circumstances he was not bound to au.d look be- the averment on their yond face.
It is not a valid objection bonds were made pay- able were sold beyond limits of the Win- and of the State of nebago Iowa. The to issue them *7 carried with it to the authority as to both county judge these do what he things deemed best the interests —to for.which he was acting.
These have been points so in this frequently'ruled way that it is needless'to cite authorities to them. support
It was for the competent to visit New county judge York with the purposes proper connected disposal bonds. A statute of the State authorized him to -procure seal, certain prescribed to which all regulations such seals should conform. While there, well take bonds which might up issued, had previously not on the market, others give place, to them a seal affixing there pro- cured foi that There purpose. is in the statutes of nothing
* Babbit, States v. Black, 1 55. United The'County. v.
Opinion of the court. we are aware no either, Iowa principle forbidding such, a which was violated proceed- jurisprudence general no could sustain Certainly injury ing. At most and it has therefore no to complain. right change, an execution of there power irregular an. existence of which entertain no doubt. Admitting we. affect the have occurrfed it irregularity certainly value of holder for without notice. rights at the is insisted that It fundus officio n are for issued the bonds and that time he they this reason void. ab-, in case of the that,
The statute of the State provides clerk shall .fill his officer, sence that place. absence of is doubtless absence from spoken In that event unlimited is seat. clerk authority substitute. it is not declared to act as his But that judge shall be as out office while or that he. absent, regarded no official act do Judicial period. during nature, its ife exercise valid local .necessarily it is be local also. But otherwise as to minis many and different considerations terial where acts, apply It does not drawn in that there was appear question. did abroad and between what what the conflict did was ministerial clerk did home. purely All see and we reason for character, in its sufficient holding he did with him his official to this extent not bring official did not for and exercise his He character authority. abdicate his Certain office. wholly powers fell into and continued which it was clothed abeyance, his absence to do that state until ceased. we York hold he did in New touching all that in this to have been category.* cause remanded with direc- Judgment reversed, to enter tions plaintiff
Judgment -in error. Cowdrey, Wallace, Galveston Railroad *8 Dec. 1872.] Miller, JJ., Justice, dissenting. and of Field Chief
Opinion and dissent con- views whose FIELD Mr. Justice (with Mr. and. Justice MILLER), the CHIEF JUSTICE curred . dissenting. ma- of to dissent from the
I am compelled judgment : case, of court following grounds upon jority bind- issue had to bonds 1st. The no power conferred without authority upon previous ing to construction a Such is the vote of the people. to confer such which are Iowa, the statutes of supposed con- State, and that Court of that Supreme power, Here only question struction is us. obligatory a was whether of the county ever submitted be levied for the dollar should pur- tax seven mills on of con- and the court-house; only power of pose building vote find in this such tax. I- ferred was to issue bonds in the county any at different court-house, payable constructing new bonds then to take by issuing up bonds periods, first, interest than the differing drawing larger that a failure time of payment, providing cause entire the interest as it matures shall prin- to pay become due. cipal As the authorization 'were issued without
2d. a vote deny estopped people, cou'nty reason of recitals contain. their any they' validity by an under was of the county, agent exercise and limited of 'which a special authority, could not supposed carefully guarded, enlarge that he what that authority representation possessed by any never the State never in- statutes of conferred. tended make liabilities of its couuties dependent upon mere statements of its officers. The law any .is not different when acts applied agency agents in a matter so serious and delicate municipal bodies, , of a and when debt, public contracting applied acts individuals. keep both agents private They within limits of their strictly attorney will acts cannot cure inherent defect They invalid. Cfc. VoORHEES V. BONESTEEL AND WlFE.
Statement the case. *9 in their action from want of extent of arising power by any had the recitals requisite With authority. great defereuce to the to me opinions my .associates, seems truism. legal bopds When the in suit executed and issued the
3d. of New York, express city by of the statutes of Iowa his and functions provision ceased when lie was without the State. At to these instruments another person signature in his and was invested with his as judge place authority, warrants, as such officer issued a term held Opurt, other duties.devolved County discharged by law upon county judge. me that the
It seems the court majority ruling case, in this issued under circum- holding stances the issue of are valid these, attending obligations, further than binding county, goes previous towards down barriers breaking adjudication State erected the creation of legislatures against debts, increase taxation, careless, consequent ignorant, officers. unscrupulous public Voorhees Bonesteel and Wife. granted relief not be in equity upon Affirmative ground
1. will of fraud it a distinct allegation made unless the bill. exist, alleged trust a bill Nor will'a be considered 2. as proved when allegation every material of the bill that behalf distinctly denied answer; proofs, and the instead sufficient to overcome answer, satisfactory grounds afford for holding that there was no in the case. trust New'York, the laws of Under married woman manage her sepa- through husband, property, agency rate her without subjecting creditors; claims of his when he has interest in the busi- ness, the of a application portion the income to his support will not her the property. title to impair from the decree of the Circuit Appeal Court District New York, Southern a bill filed dismissing