United States Bank v. City of Kendall

Citations

• 179 F. 914
• 1910 U.S. App. LEXIS 5439

Syllabus

<p>1. Municipal Corporations (§ 51*) — Dissolution.</p> <p>Where a municipal corporation has once been organized, it does not become dissolved by a mere failure to elect officers, or by a failure of such officers elected to perform corporate functions, but, for the purpose of being sued for corporate debts, continues to exist per se.</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. §§ 138-140; Dec. Dig. § 51.*</p> <p>Dissolution and reincorporation — effect on indebtedness, see note to City of Uvalde v. Spier, 33,C. C. A. 506.]</p> <p>2. Process (§ 141*) — Service—Return—Right to Attack.</p> <p>Where, in a suit against a city, the marshal returned that he had served the writ By delivering a true and certified copy to J., mayor, and there was no attempt to charge such officer with an individual liability, the marshal’s return was conclusive on the defendant until vacated in the regular course of procedure, and J. had no capacity to appear specially and object to the service on the ground that, though he had been elected mayor of the city, the election was illegal, and that the city had passed out of existence.</p> <p>[Ed. Note. — For other cases, see Process, Cent. Dig. §§ 189-192; Dec. Dig. §.-141.*]</p>