Page:Federal Reporter, 1st Series, Volume 5.djvu/277

 blaib v. west point peecinct. 266 �Blaib ». West Point Psecinct. �{Okeuit Court, B. Nebraska. January, 1881.) �1. Peboinct Bonds — Liabilitt of Prbcinct — Statutb op Nebkaska.- �A statute of the state of Nebraska provided, inUr alia, that " any pre- cinct, in any organized county in this state, shall have the priyilege of voting to aid works of internai improvement, and he entitled to ail the privileges conferred upon countles and cities by the provisions of this act, and in such case the [county] commissioners shall issue spe- cial bonds for such precinct, and a tax to pay the same shall be levied upon the property within the bounds of such precinct. buch precinct bonds shall be the same as other bonds, but shall contain a statement showing the special nature of such bonds. ' ' Edd, that a precinct issu- ing bonds under the terms of this statute was not thereby impliedly created a body corporate in order to insure the collection of the cou- pons attached to such bonds. Jordon v. Cois County, 3 Dillon, 185, �2. Sahe — Notice— REFEnENCB to Statute. — EM,furtlier, that the mere �fact that the bonds did not show upon their face that they were issued on behalf of the precinct was immaterial, when such fact appeared in the statute referred to upon the face of the bonds. �3. Same— Ljability of Coxjntt— Statute dp Nebkaska.— S^d, /«riAer, �that such bonds, when issued by the proper offlcers of the county, were, in legal effect, bonds of the county, although voted by the in- habitants of the precinct, and to be paid by a tax to be levied upon the property within the precinct. �4. Bame— Collection op Cottpons — Manbamus. — EM,further, In an �action on the coupons attached to such bonds, that suit should be brought against the county, and that the judgment, when recovered, should be enforced by mandamus against the offlcers of the county, commanding thetn to levy and collect upon .the property within the bounds of the precinct the sum required for the payment of the judg- ment. — [Ed. �On Demurrer to Amended Petition. �This suit is brought upon coupons attached to certain bonds executed by the board of county commissioners of the county of Cuming on behalf of the West Point precinct, for the purpose, it is alleged, "of aiding the West Point Manu- facturing Company in improving the water-power in the Elk- horn river for the purpose of propelling public grist-mills, and other Works of internai improvements of a public nature, in eaid West Point precinct." ����