126 Iowa 436 | Iowa | 1905
Tbe county, by its answer, contends for fraud and illegality in the contract; alleges that in truth tbe same was made and entered into for the benefit of Supervisor Hilliard, and that tbe larger part of the work was done by him, including that for which said warrant was issued; further, as to said warrant, it is said there was no authority in tbe board to direct tbe issue thereof except upon vote of the people of the county, which was not b,ad. Now, the evidence shows that tbe road as laid out leads into a sparsely settled district along tbe Missouri river, and does not connect at its western terminus with any highway then traveled to any considerable extent. It is also made to appear that the proposed work as laid out by an'engineer would cost at the'contract price about $6,000, and there was evidence tending to show that such price was grossly exorbitant; also that of the work done from two-thirds to three-fourths was done by Supervisor Hilliard. The district court found that
VII. The prayer on the part of interveners that the defendant county be restrained from issuing bonds to fund the legitimate indebtedness of the county wees denied by the decree, and of this we approve. ,
Other matters presented by the record, and reference to which is made in the decree, do not demand specific notice. The decree will be modified in the respects indicated in this opinion, and in all other respects it is affirmed. •
Modified and affirmed.