Hedges v. Dixon County

Syllabus

<p>Holders bf municipal bonds, issued by a county in excess of its authority, cannot, by an offer to surrender and cancel so much of such bonds as may, upon inquiry, be found to exceed the limit authorized by law, invest a court of equity with j urisdiction to ascertain the amount of such excess, .and to declare the residue of such bonds valid and enforce the payment thereof against the county.</p> <p>Where a contract is void at law for want of power to make it, a court of ' equity has ho jurisdiction to enforce it, or, in the absence of fraud, accident, or mistake to so modify it as to make it legal, and then enforce it.</p>