Brown v. Bon Homme County

Citations

• 1 S.D. 216
• 46 N.W. 173
• 1890 S.D. LEXIS 20

Syllabus

<p>1. The county commissioners of Bon Homme county were authorized to fund the outstanding warrants of that county, by an act of the legislature approved February 17, 1877, which provided that the county commissioners, on the passage of the act, should have authority to provide that, whenever warrants should be presented, such warrants should be taken up, the interest calculated thereon to the 1st day of July, 1878, and bonds issued therefor; and also provided that the county commissioners should, at their first session of the board after the passage of the act, make such provision as should be necessary and proper for carrying out the provisions of the act. Held, that the county commissioners were authorized to proceed to fund said warrants, and issue the bonds of the county therefor, before the time fixed for the date of said bonds, viz.: July 1, 1878, and that such bonds issued in July, 1877, if they had been properly authorized by the board, would have been good and valid bonds of the county, under the law, although the chairman of the board who signed them was not such chairman at the time the bonds bear date.</p> <p>2. The bonds in suit were signed and issued in July, 1877, by the chairman and clerk of the board, but the county commissioners of said county had made no provision for funding the outstanding warrants of the county, had taken no action under the act, and had not in any manner authorized the chairman and clerk to sign and issue them. Held, that the chairman and clerk had no authority to sign and issue said bonds, and that they were not, when so signed and issued, valid bonds of the county.</p> <p>3. A county must not only have legislative authority to issue bonds before its officers can bind it to the payment of bonds purporting to be issued on its account, but all who are required to participate in their issue must have performed their respective duties, befo.re such bonds can be leg'aliy binding’ upon the county.</p> <p>4. Purchasers of county bo