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· 9/23/1901

Independent School Dist. of Sioux City v. Rew

Citations

  • 111 F. 1
  • 1901 U.S. App. LEXIS 4358

Syllabus

<p>1. Jurisdiction—Joinder of Jurisdictional and Nonjurisdictional Causes —Federal Courts.</p> <p>A national court is not deprived of jurisdiction of causes of action of Which it is authorized to take cognizance by the fact that the plaintiff joins with them in the same action and petition other causes of which it. can take no jurisdiction.</p> <p>8. Same.</p> <p>A national court may have jurisdiction of causes of action upon coupons made by a municipal corporation and payable to bearer, although the original holders conld not have maintained actions upon them; and the fact that canses of action upon bonds payable to tlie order of an individual, of which tbe court cánnot take jurisdiction, are joined witli them in tbe same petition or action, does not deprive tbe court of jurisdiction.</p> <p>3. Estoppel — Basis of not Confined to Contents of Writing Sued on.</p> <p>An estoppel is as conclusive and fatal when founded on statements or representations without, as when it is founded upon those within, a negotiable instrument wbicb is tbe subject of tbe action. A corporation may be estopped from defeating an action upon coupons by its recitals in tbe bonds.</p> <p>4 Municipal Bonds—Estoppel by Recitals.</p> <p>If the laws are such that there might under any state of facts or circumstances be lawful power in a municipality or quasi municipality to issue its bonds, it may by recitals therein estop itself from denying that those facts or circumstances existed, unless the constitution'or tbe act under which tbe bonds are issued prescribes some public record as tbe test of tbe existence of some of those facts or circumstances.</p> <p>5. Same—When Certificate of Officers Effects.</p> <p>When a municipal body has lawful authority to issue bonds on tbe condition that certain facts exist or certain acts have been done, and tbe law intrusts tbe power to, and imposes tbe duty upon, its officers to ascertain, determine, and certify tbe existence of'these facts at tbe time of issuin

Judges: Sanborn

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