Schmidt v. City of Defiance

Citations

• 117 F. 702
• 13 Ohio F. Dec. 229
• 1902 U.S. App. LEXIS 5126

Syllabus

<p>1. Municipal Corporations—Bonds—Validity.</p> <p>Rev. St. Ohio, § 1764, provides that the city council shall provide ft certain seal for the city clerk’s office. Section 1745 provides that the mayor shall be furnished by the council with the corporate seal of the corporation, in the center of which shall be the words, “Mayor of the city of-.” Section 1552 provides that municipal corporations may have a common seal, and change or alter the same at pleasure. A municipal corporation had no such seal as prescribed by the statute, and bonds issued by it were sealed by the seal of the city clerk, and it appeared that the seal of the city clerk had been used on prior issues of bonds. Held, that it would be assumed that such seal had been adopted as that of the city, and the corporation could not set up the absence of a proper seal.</p> <p>2. Same—Recitals—Estoppel;</p> <p>Rev. St. Ohio, § 1764, provides that the city council shall provide a certain seal for the city clerk’s office; Section 1745 provides that the mayor shall be furnished by the council with the corporate seal of the corporation, in the center of which shall be the words, “Mayor of the city of -.” A city having no seal in conformity with section 1745 issued bonds sealed with the seal of the city clerk. Held, that recitals in the bond to the effect that the seal attached was the corporate seal estopped the corporation to deny the validity of the seal.</p> <p>8. Same—Recitals as to Authority.</p> <p>Section 1693, Rev. St. Ohio, provides no obligation shall be entered Into by a city save by ordinance of the council. Section 1678 gives the council control of the finances of the city, and section 2706 provides that all bonds shall be signed by the mayor. Municipal bonds recited that all proceedings, acts, etc;, required by statutes and ordinances to be bad preliminary to tbe issue thereof had been taken. In an action on the bonds defendant contended that, since it appeared that the recitals contained in the bo