Page:Federal Reporter, 1st Series, Volume 5.djvu/281

LEWIS V. COM'ES Oi BHEEMAiI COCNTI. 26S �ment, wlien recovered, is to be enforced by tnanctamus against the officers of the county, commanding' them to levy and coUect upon the propôrty within the bounds of the precinet the sum required for the payment of the ]'adgment. �Upon this ground the demurrer to the amended petition must be sustained, �DuNDi, D. J., concurs. ���Lewis v. Boaed of Countt Com'bs of Shkemah Co. {Cireutt Court, D. Neiraslca. January 3, 1881.) �1. County Cottrt-Hotjsb Bonds— When Invalid—Nbb'raska.— Certain �county court-houae bonds, issued by a county/in the state of Nebraska, held invalid: (1) because there was no statutory authority to vote foi such bonds ; (2) because no bonds had ever been voted by the county for any such purpose ; (3) because none of such bonds, or the pro- ceeds thereof, were everused to build a court-house,,or were ever used for any other purpose by the county ; (4) and because such bonds con- tained no recitals showing that theaame had been issued conformably to law. �2. Statuts— PowBB TO " Boebow Monbt "—Poweb to Issue Bonds.— A �law authorizing the electors of a county to empowei' the cominlssion- ers of a county to "borrow money" tôt the erection of a Court-house, does not authorize them to empower such commissiohers to mue bonde for that purpose. �3. Same— Samb- Bame.— The authority to is?ue bonds as an evidence ol �indebtedness might perhaps foUow as an Incident of the right to bor- row mohey, but, in that case, the amount of money borrowed should equal the amount for which the bonds call. �4. County BniDaB Bonds — When Valid — Nbbbabka. — Certain county �bridge bonds, issued by a county in the state of Nebraska, reciting that they were issued conformably to law, hM valid in the hands of an innocent purchaser for value, in open market, when the bridgea were built in the county, by direction of the county, for the county, and were paid for by such bonds, or their proceeds, although such bonds were not in fact authorized by a vote of the people, as the law required. — [Ed. �Findings of the court, jury trial having been waived in writing. ����