Bunch's Ex'or v. Fluvanna County

Citations

• 86 Va. 452
• 10 S.E. 532
• 1890 Va. LEXIS 3

Syllabus

<p>1. County Bonds—Authority to issue—Motion on—Defence—• Case at bar.—In proceedings by motion on instrument purporting to be a county bond issued by order of county court under act approved October 27th, 1863, and payable to plaintiff’s intestate, whose name was written in the bond by the county clerk, yet did not appear on the books of the county’s agent, directed to receive the money on said bonds and deed at time of trial, there was no evidence that intestate paid value for it, or how he got it, and that any demand had been made on it for fifteen years after maturity : held, the findings that the bond, if issued at all, was issued without authority, was warranted; and it was competent for the county to make, ore lenus, any defence allowable by plea in a regular actiou.</p> <p>2. Power to municipal corporations to borrow money, implies power to issue its bonds there!or.</p>