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

cordance with II County Judge who
power naked statutory special authority depend
Exclusively the statute for Its existence validity and mode Of
execution .
may SEEM these proposition. were con. We
apology be needed for citations Of authority in their sup
port ..#. III. .##-
Among many authorize. upon refer the fol-
lowing as being especially in point or sr's'ngs analogous
s ssss's : = a:rs Rs' 90 .
s I; !; s s.. !: i a:.:s
's IS a::fa BACK
bss:; ~ 1 e: ssn = cs :as esa sss' the question
Titles agans, which book there seems b, many quarters
anoogy the above the bar respes the
III" as and protesting
the the county the plaintiff who relies upon the Of
to what extent bind his principal "A person dealing with an agent
limited powers bound examine and know til" authority of that
agent
s'ss ss' g s.'t s;. ar E:." ,'.
County Judge authority what derived from
u he is the mere agent Of tie county Cole Iowa S and
the code is his Special rover of attorney
The principal tound by the act OF his agent beyond the auo
ty Of the agent
Again. referring TIE laws ohe State
s the the law and to know whether such
TAKEN the andem of the proposition voted the
The Supreme Cour, New York city the of f. L. gr
Rensselaer, Bank; reported have decided important principle
illustrative Of the point making The Bank issued It's od
nary negotiable certificates On face these certificates
pead transferable accordance with the Bylaws of the Cor
poaon BY these bylaws provided the Bank would recog
transfer the party transferring debor the Bank until
such debt should be paid.
party holding negotiable stock sold and
them another who did know that the vendor owed
Court, that reference BY Laws
party buying bound take those bylaws and the
refused compel the Bank recognize the transfer until the purchaser
should pay the deb, due by his vendor to the bank
vde also illustrative this point. and going establish its
Eyeritv rs Irede
r rhs.a IS vs. aG ieh S salnn S TO-
pass questions raised by PLAIN
tiff demurrer the Answer and amended Answer.
/ See Bill of exceptions No =
This among deensss that pretended bond and
pens, issued by authority OF law, in this
s-The county Judge Cedar county submitted the question
money the people Of the county as provided by Law"
3dNor proposition submission made to lay tax &c
4The county Judge did the resul, the book
5h-The county Judge failed publish &c. &c.
Strange this part of The not by
by confession and avoidance but by demurrer which,
plaintiff states and coupons
"issued by proper officer of county,
vote the people thereon and there no allegation Of notice TO the
plaintiff that denial that he bona fd holder and nth
out allegation Of notice TO the holder he being assignee the plea
end Because the county estoppa by the recital bond
The District Judge sustained the Can this be lava
The that the question sub that
ce of submission Pubshe the result OF entered
county The below held this plea
bad because did ae that the plaintiff had actual
and The esteppea by the bond from denying them
These objections think already sufficiently answered The
Judge the the County has authority
Bond aud the plain
tiff bound know his peril whether the conditions which, and
which his right such bonds have been complied
with.
He bound know whether any authorizing Counties
subscribe Railroad Corporations he bound know
such law does whether have been complied
whether there submission, what
that submission whether there vote, and the result Of
that
We repeat with emphasis that the purchaser bound and
his peril enquire, Why? unless
been complied with, the Judge
bonis and absolutely void
considering voluntarily upon
the burden OF mpeachng validity OF these bonds and
that they issued without authority OF law.
The defendant might have legally taken higher grounds and required
OF the pFto hO that the necessary issuing
these bonds valid had been taken.
Williams peytonl lessee Wheaton
jackson Yad
RonAeudorf Taylor lessee, Peters
Sharpe vs. spear. Hin 7a(aso on oth.r points,
Striker
AT all
duty conclusive but may be overcome, by proof
Doughty Hope DEMO
But the bar the Court by the demurrer
held only that The upon
M but also denied the right the nan, behind the
In the OF these bonds the County Judge judicial
icer but special and the County
sumption the regularity and validity
be The bonds eDrey
regulation than sales land
by administrators and guardians And purchaser
bound know and inquire, whether judgment
q