Page:Federal Reporter, 1st Series, Volume 10.djvu/904

 892 ���FEDERAL REFOBTEB. ���Caldwbll, D. J. 1. It is not material to inquire into the regu- larity of the order for the call of 1875, or the sufficiency of the notice. The county court had jurisdiction to adjudicate upon the validity of the warrants, if the holder submitted himself to its jurisdiction for that purpose, whether the order for the call and notice were valid or not. The object of the order for the call and of giving notice is to acquire jurisdiction over and bind those who do not voluntarily sub- mit their warrants for examination and adjudication. The county court has jurisdiction to pasa upon the validity of a warrant or any other claim against the county at any time it may be presented to it by the holder. Section 595 (sixth subdivision) and section 611, Gantt's Digest. And when it invites holdei's to present their warrants and they do so, and the court aets upon them and there is no appeal taken from its judgment, the action is as binding in all respects on the county and the warrant-holders as if the call and notice of it had been regular. Allen v. Bankston, 33 Ark. 744. �"The object of notice or citation in all legal proceedings is to afford to parties having separate or adverse interests an opportunity to be heard. It is not required for the protection of the applicant or suitor." Mohry.Manierre, 101 U. S. 425-6. �2. The call of 1877 was ineflfectual to bar wai'rants not presented, because it does not appear that notice of the call was given as re- quired by law. The act under which the call was made requires the order to be published in "newspapers printed and published in this state;" and by the provisions of the act of February 15, 1875, regu- lating the publication of legal advertisements in newspapers, the order must "be published in some daily or weekly newspaper printed in the county : * * » provided, there be any newspaper printed in the county, having a boiia fide circulation therein, which shall have been regularly published in said county for the period of one month next before the date of the first publication of said advertisement." The act of 1875 further provides that "the affidavit of any editor, pub- lisher, or proprietor, or the principal aecountant, of any newspaper authorized by this act to publish legal advertisements, to the effect that a legal advertisement has been published in his paper for the length of time and number of insertions it has been published, with a printed copy of such advertisement appended thereto, subscribed before anyofScer of this state authorized to administer oaths, shall be the evidence of the publication thereof as therein set forth." �The order was published in two papers published in the county, but the proofs of publication do not state the papers, or either of them, had ��� �