Underhill v. Trustees of Sonora

Citations

• 17 Cal. 172

Syllabus

<p>Is suit against a municipal corporation on its bonds, the complaint sets out the bonds ; avers the defendant to be a corporation; that the corporation made and delivered the bonds on good consideration, under an ordinance passed by the proper agents of the corporation, having authority for that purpose; and that defendant has failed to pay: Held, that the complaint shows prima facie a liability on the part of the corporation; and that it was not necessary to set out the ordinance, nor the vote or other proceedings of the corporate agents, or give any further description of the agents of the corporation.</p> <p>Bonds of the city of Sonora, dated March 25th, 1853, and falling due in two years, are sued on April 5th, 1860. March 9th, 1855, an Act of the Legislature was passed, re-incorporating the city, and providing that “in case the public debt is not liquidated at the expiration of three years, the Trustees shall have power to levy a sufficient tax, in addition to the one per cent, authorized ” in another section for general purposes of revenue, “to pay the outstanding debt.” March 29th, 1858, another similar act was passed, the time mentioned being six instead of three years. These acts were passed at the instance of the corporators : Held, that these acts recognize the city debt, and provide for its payment; and hence withdraw the bonds from the Statute of Limitations.</p> <p>Held, further, that even if the acts had not been passed at the instance of the corporators, probably the result would be the same by virtue of the control the Legislature has over municipal bodies.</p> <p>Where a statute imposes' upon the officers of a municipal corporation the duty of levying a tax to pay the corporate debts, such officers can be compelled by appropriate legal proceedings to discharge the duty.</p> <p>Jn this case, if the city be equitably entitled to set up the Statute of Limitations, she must do so in some other form—the case standing on demurrer to the complaint.</p>