56 F. 783 | 7th Cir. | 1893
The parties having waived a jury, the court below made a general finding for the defendant, and gave judgment accordingly. After stating the evidence adduced, tlie bill of exceptions says: ‘‘Plaintiff excepted then and there to the conclusions of law announced by the court, and prayed an appeal. Judgment rendered September 30,1892, to which action of the court plaintiff then and there excepted.” No proposition of law was submitted to the court, no special finding upon any question of law or fact was made or asked, and no exception taken to any ruling or
But, while no question has been preserved in a way to require consideration, we find upon examination of the record that the judgment is free from error. For a detailed statement of the facts, we refer to the opinion of the supreme court in German Sav. Bank v. Franklin Co., 128 U. S. 526, 9 Sup. Ct. Rep. 159. A brief statement is enough here. On the 13th of November, 1877, Franklin county issued to the Belleville & Eldorado Railroad Company bonds for $1,000 each to the amount of $.149,000, of which one hundred purported to have been issued under the charter of the company, an act. approved February 22, 1861, and the remainder under an act of the legislature passed in 1S49. The county brought in the court below a bill to enjoin state and county officers against levying and collecting taxes for the payment of the bonds or the interest thereon, and obtained a temporary order. The holders of the bonds were described as unknown, and notice was given them by publication. Afterwards the German Savings Bank, owning bonds of both de-
The appellant also claims to have recovered judgments against the county upon other coupons taken from the same bonds as the coupons in suit; but, besides there being no proof of the rendition of such judgments, the record shows an admission of the appellant, “for the purpose of the trial, that, where judgments were recovered •against Franklin county, the defendant, upon other coupons from some of these bonds, the state’s attorney of the county was present, but that no defense was made, and no evidence was offered by the county, and that the only evidence offered for the plaintiff in such suits was the coupons.” In view of that admission tiie county is not (estopped by the judgments, if rendered, from making defense .in this suit, which is brought upon coupons never before in issue.
The appeal should be dismissed, at the cost of the appellant; and it is so ordered.