The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1897-10-15
MUST PAY THE gNT1as
s're''es Of FL E1,rreasurer X, 1,,,,., w

.n on iheir Appeal ''flass
the supreme court are two A",so "ts down i,
points of general intcraS. rae Which hea, y y
In one of these, in which ~ % the mps ~
written by Judge Hanen Tue decision wy NY,
IS .sr reversed. e The title OF tf the s0ss' " cut
=, hswfehce :, .he County against NJ IasssN% sss% VIZ
", the question in dispute hai haieade Ccan.
sion ot the indebtedness uhe,as ha. tleG,i.
counties at the time Meade neA oel"eeA d.
out of portion of I.awreno"" as .orgaNi,]
dra aues,'on involved is, in case n,', nas NAH
bisah'za.ion has @ at the time Of il. "'.'ltia III
mas Ia outstanding Indebtedness 10 elts''a
n'no.Int OF debt allowed by the %, 70 th
IT, whether it can create s,v am,, ael s clesirr
den'edness, when it is poin. i.u1'lesa.
UNITS by SO doing. The court hoo'eSs"dis
shannon against Beadle Conn, rv.oS, ash
TACT that a municipality waS SNny' "Ih
a, ,ne ta,l constitutional limit does Ss",edis s"
vent the same from levyinp sueS s,,eh a0' , Ne,
~ is authorized to levy by law Enn ana 'sS%ss
rs warrants within the limits Of ''n sp',1 Malag
IN anticipation of their colectionsu. su,a IVY
long as the warrants issued ara" ara '';., aud -
amounts lawfully levied, they 10 "aHA WIN. ih
an ADDITIONAL debt" w "o' eitae
In the other case entitled State ot
DAKOTA against w. W. Taylor and n Me'l
oe'ng against the Taylor bondsman'' m U''ts,
lower court is sustained. In this oa' " 'A
legal bond demanded was som ma CaSe 10
voluntary bond of $3.50, 600 was rt,,' uiys, Vu'
when suit was brought by tho st,,s. s"' Sa(
cover the plea was set up that the h",a ,S ~
men were only liable for the lepaj al smS '"'as
OF tile bond and not for the eScass s''Ssai .,'
the legal requirements which thev ''', "t"e
have given. Judge Gaffy of the love, asa' at'
ordered Judgment for the total amors, ,,ul. l.
the defalcalion, 1914, ,277.4S, in whS% S'' ~. eI
sustained in an opinion written hy ,"sIs 's
Corson. In treating the points at iss,o "'is =
this case the court says: "VaronS ~ ~
lenses are interposed to the comnlsir, ~ !,
this action, but there is no defense c,II;..
INTO exercise the equitable power Of ','I ~
court. Counsel for appellants have f.;s W.
TO point out to the court any we'll ,,os"a
theory consistent with the well cstahI.1s
principles oflaw, upon which this ,v cnn,
could be authorized to hold that tbearMel
lants are only liable on this bopd +,
s250,oo0, Notwithstanding their own yons
tary agreement to make good the losses
the state to the extent of $3.50. 1000
mo fraud. mistake or coercion hoir
shown by which they were induced
enter into the agreement, this court mn
presume that the parties intended 10 a
sume the liabilities which they bv II
contract and bond have in fact and by IA
assumed. Our conclusions. therefore, !,
that the bond, though not in conform
with the statute, was made in pursuance
Its provisions, and is a valid and binai
obligation to the extent of the penal
named therein. and that the circuit col
committed no error in directing yeld
for S3s4, ,2777,43, the full amount of Tayo
defalcation, that sum being within
penalty OF the bond, and that the judgm,
entered thereon should be affirmed"