Coler v. Cleburne

Citations

• 131 U.S. 162
• 9 S. Ct. 720
• 33 L. Ed. 146
• 1889 U.S. LEXIS 1811

Syllabus

<p>Where a case is tried by a Circuit Court, on the written waiver of a jury, and there is a bill of exceptions which sets forth the facts which were proved, that is a sufficient special finding of facts to authorize this Court, under § 700 of the Revised Statutes, to determine whether the facts found are sufficient to support the judgment.</p> <p>A statute of Texas provided that bonds to be issued by a city, for erecting water works, should be signed by the mayor, and forwarded by him to the state comptroller for registration. Bonds issued for that purpose were dated January 1, 1884, but not signed till July 3, 1884, and then were not sighed by the mayor, but, under a resolution of the city council, were signed by a private citizen, who had been mayor on January 1, 1884, but had gone out of office in April, 1884, and been succeeded by a new mayor, and who appended the word “ mayor” to his signature. Thé bonds stated on their face that they were authorized by a statute of Texas, and an ordinance of the city, specifying both. In a suit against the city, to recover on coupons cut from the. bonds, brought by a bona fide holder of them; Held,</p> <p>(1) No one could lawfully sign the bonds but the person who was mayor of the city when they were signed;</p> <p>(2) The city council had no authority to provide for their signature by any other person;</p> <p>(3) The city was not estopped as against the plaintiff, from showing the facts as to the signature of the bonds;</p> <p>(4) The bonds were invalid.</p> <p>The case distinguished from Weyauwega v. Ayling, 99 U. S. 112, and controlled by Anthony v. County of Jasper, 101 U. S. 693.</p>