Board of Com'rs v. Vandriss

Citations

• 115 F. 866
• 53 C.C.A. 192
• 1902 U.S. App. LEXIS 4257

Syllabus

<p>1. Municipal Bonds — Estoppel bv Recitals — Bona Fide Purchasers.</p> <p>Where municipal bonds were sold in the open market for full value to purchasers who had no knowledge of any facts impairing their validity, the municipality is estopped to deny the truth of recitals therein stating the act authorizing their issuance, and certifying that “all acts, conditions, and things required to be done precedent to and in the issuing of said bonds have been properly done, happened, and performed in regular and due form as required by law”; and the bonds cannot be defeated unless they themselves, or the act under which they were issued, or both,' when read together, disclosed that they were issued without authority or not in conformity with law.1</p> <p>2. Statutes — Special Laws — Validity.</p> <p>Under Const. Kan. art. 2, § 17, prohibiting the enactment of a special law when a general law can be made applicable, as construed by the supreme court of the state, it is the province of the legislature and not of the courts to determine when a special law is necessary.</p> <p>8. Municipal Bonds — Conformity to Statute — Time of Payment.</p> <p>Under a legislative act authorizing and directing a township to issue bonds, and providing that they should be payable 20 years from date, and, at the option of the township, might be called in and paid at any time after 10 years, such bonds are not invalid because by their terms they were made payable in 20 years from the 1st of January preceding the date of their issuance, in March; the township reserving the right therein to pay them at any time after 10 years; the provision relating to time of payment being merely directory, except as imposing a limitation beyond which the bonds should not be made to run.</p> <p>4. Same — Mode of Execution.</p> <p>Under an act authorizing and directing a township board, which, under the law, consisted of the township trustee, clerk, and treasurer, to issue bonds, it is not essential to the validity