The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1857-01-24

it particularly hereafter .....
TO the Petition the deendan, demurred substance specifying the
following OF demurrer
ls Because tho County cannot be originally sued the District
Court but the plaintiffs remedy the County the first
and by appeal Case his claim dowed County Cortland
TO- demanded Of heard and rejected by the County Court Judge
2nd Because County Judge the County Cedar had legal
authority powell rg execute and issue the Bond and interest
This demurrer ovsrued and bill of exceptions taken
Tho frs, question, whether the properly brought in
the Dis Court the first the claim having
seated demanded Of REJECTED by the County Judge Court We
This effect uisdcoha question: aad the ob'oou appearing
." the face The p'pI Ca" s BE- taken by or wi" avail on error
s:%, 5 s sS. on s' s4ssa P'"s'
Sec 1876 OF the Code the District Court general original
dion both Civil and Criminal whers mol otherwise pror by iaW The
District Court then has jurisdiction unless Otherwise provided by the
appea that the Code intended tina. all claims against the
County should be to- and passed by the County Judge
E. E. So ssA 81 81. s;s sss o s stos'"
There difference legal elect between su.d and
drag the County into the Court uodr Aess them
creditor the county do the thing and 1906 the
present Supreme Court decided in
above pescn.ed but OF This we have knowledge
Judge and bond aud declared We
engn the Constuonay County subp
fully argued at this term OF the AMI will doubtless
certainty careful and weigh,y
On this point present may abide the
decision which the Court shall make in that
The question Coauion municipal subscriptions Rail
Road corporations has generally of Sa al
Mayor of Piaiepta Sc L,Uinsons Law Mig, V ia
the Legislature pAssd expressly authorizing subscriptions
thus bringing um and plainly and only the whether the
Legislature have the Constitutional pass such
Act Aud the question: thus las been decided both and
No question presented this cae because general assem-
bly, this State has passed allowing such subscriptions
may be found in Sec ia Of the Code
has been commended that Guy County without express
Gon aud authority the Legislature could legally subscribe the
stock OF a private corporation.
long way this side OF The question Of oonstnonay therefore
the question whether there authority by the Code allowing
such subscriptions speaking words
the Of
seen tina, hev refer 10 County matters over winch the Conn
Court has exclusive jurisdiction gwen it the Code.
1t Intended by road embrace railroads
nor can any such construction De iarLy given to IL
Road in the STATE sa athng County subscriptions Railroad
Tne word and w' reference public buildings the words Other
local regaiaioa; Sec ia AID whole OF lis
''n'' that ~ years soOscrsnst aid building Railroad
never intended
any 9oab' remained This Poi, we'd bya dictionary claim
dehHing the meaning OF the word road;
Teis brings an Of the Bond ITSELF which is made
m pndaon Of the pn ns action Among The reeia OF the Bond
"Cspa stock Of the Lyons ota cata Railroad Company. '''
ut recIes that tie County Judge has been duly authorized by
"m'Joriy OF The votes OF SAID Coany the Bonds"
It eces thai this obbyaon issued part payment of sub
son Of 500 Shares the Capital stock Railroad Company
de the Jadg SAID Couny Cour behalf OF said County by
authority an act OF General Assembly, Iowa. passed
February On 1851 aud voe Vi The qualified said County
The Bond further paas the holder before
tie maturity thereof elect 5000, of
the Lyons Iowa Genital ka al Company, exchange
"sa''aclon 'ol the bond aud Coupons.
Will thus be seen thai the made become Stakeholder
very unequal and unfair
The Stock worthless then the County pay Bond
Stock ' we" ''' "'''s' S'si' III anu Os'a""' "''
10 well settle that allowable and proper to raise by demurrer
every question which ase OF papers The Bond
the authority under is issued,
AID Consequently party oaesng the proposition that
Iowa DO give suc adthof obJeclon
demurrer ne ptuuH and answer beg
leave to aiVel, general AID well settled propositions
sefman to lac subject nl winch r think tend guide
correct conclusions