Page:Federal Reporter, 1st Series, Volume 7.djvu/453

 OSBOBNE V. OOUNTT OOMHISSIONERS 07 ADAMS 00. 441 �Louis V. The Knapp-Stovi Co. If an answer is put in setting out all the f acts and private statutes, the court will have before it all the legislation and facts to enable it to decide — (1) Whether the city had lawfully authority to erect a dykej (2) if such authority existed, it erected the dyke as the law required; (3) whether damages of the kind named are not recoverabl^, when, acting under a public statute, a private individual or municipal corporation destroys the property of others ; (4) whether the riparian owner on one shore of the Mississippi, whether a municipal corporation or otherwise, can interfere with the navigability iof the river, or, if not doing so, can, for its own benefit, divert the channel to the in jury of the owner on the opposite shore. ���OSBORNB, Jr., V. BOABD OF CollNTY COMMISSIONEBS Oi AdAHB �COUNTY. �{Circuit Court, D. Nebraska. , 1881.) �L Election Precinct— Nbbbabka. �An election precinct has no corporate existence, and can nelther sue nor be sued under the laws of this state. �2. MaNDAMUS— JUDOMENT. �A mandamus cannot properly issue out of the federal courts until alter a claim in dispute has been reduced to judgment. �3. CouNTY — Pkecinct Bonds. �A suit can be maintained against a county to enforce the payment of a bond voted by and issued for a precinct to aid in works of inter- nai improvements, when such bonds are authorized by law. �4. Pbecinct Bonds— Geist Mill — Nebhaska. �There is no law in this state that authorizes the precincts to vote, or the county commissioners to issue bonds for and on behalf of a precinct, for the purpose of aiding in the erection and construction of a steam grist-mill, and bonds issued therefor are simply void. �Demurrer to Petition. Suit on coupons detached from precinct bonds issued to aid in the erection and construction of a steam grist-mill. �A, H. Bowen, for plaintiff. �John M. Bagan, for defendant. ��� �