City of Defiance v. Schmidt

Citations

• 123 F. 1
• 14 Ohio F. Dec. 408
• 1903 U.S. App. LEXIS 3959

Syllabus

<p>1. Error—Matters Review able—Action Tried bv Court.</p> <p>Rulings of a Circuit Court in the progress of the trial of an action at law by the court without a jury cannot be reviewed by the appellate court, unless a written stipulation, waiving a jury is signed and filed with the clerk in accordance with Rev. St. § 649 [U. S. (¡lomp. St. 1901, p. 525], so as to bring the case within the provisions of section 700 [page 570]; but, in the absence of such stipulation, the only question which can be considered is whether the judgment rendered is sustained by the pleadings.</p> <p>3. Municipal Bonds—Mistake in Use oe Seal—Reformation.</p> <p>Under the statutes of Ohio, which provide that all bonds issued by municipal corporations shall be signed by the mayor and clerk, and be sealed with the seal of the corporation, where bonds issued by 'a city, under an ordinance containing similar provisions, signed by the mayor and clerk, and attested as bearing the seal of the city, were sealed with the seal of the city clerk, if the same was not in fact the corporate seal of the city a mistake was made by the officers against which an innocent holder of the bonds was entitled to relief in a court of equity by a decree requiring the city to affix the proper seal, or enjoining it from setting up its absence as a defense to an action on the bonds.</p> <p>8. Same—Validity—Estoppel by Recitals.</p> <p>Bonds of a city reciting that they were issued “under and pursuant to the laws of the state of Ohio,” and of an act specially referred to, will not be held invalid in the hands of a bona fide purchaser because of the unconstitutionality of the special act, where the city had power to issue them under the general statutes of the state; and a further recital therein that “it is hereby specially declared that all proceedings, acts, conditions and things required either by said statutes or ordinances to be had or taken preliminary to the issue hereof have been duly had and taken by said city,