Page:Federal Reporter, 1st Series, Volume 7.djvu/454

 442. FKDBBAIi BBPOBTKB. �, DtJNDT, D. J. This suit ie based upon 122 coupons, eacb for the 8um of $25, which were detached from a series of bonds of $500 each, voted by the people of Juniata precinct,. and issued for and 04 behalf of said precinct by the county commissioners of Adaois county, to aid in the erection of a steam grist^mill. It is shown by the petition that on the twenty-sixth day of November, 1872, an election was held in said precinct, at which time bonds to the amount of $6,000' were voted, and that on the same day bonds were issued in that sum for the purpose aforesaid; that the bonds and cou* pons were porchased by the plaintifif before due, without notice, and for a Valuable consideration, and that the same are wholly unpaid. �The defendant demurs to the petition, and two important questions are presented for consideration by the demurrer: First. Has the court jurisdiction to hear and determine the matter in dispute betwepn the parties? and, second, do tha facts stated in the petition constitute a cause of action, and JHstify a recovery against the defendant; or, rather, against the precinct represented by the defendant ? �The defendant has not seen proper to state just why th& court is without jurisdiction in the premises, but I conolude that it is because of the supposed want of authority to pro- ceed against a county to enforce the payment of a bond issued on behalf of a precinct. It is clear enough that the laws of this state authorize the qualified voters of an election precinct to vote for the issuing of bonds for specified purposes, and when properly voted they are to be issued by the county commissioners of the county in which the precinct may be situated. It is equally clear that an election precinct, f ormed under the laws of this state, has no corporate existence. Such a political subdivision is formed for mere convenience of vot- ing. It cannot sue or be sued, because it has no offieers of its' own to prosecute or defend a suit. The supreme court of this state has given an authoritative exposition of the law upon this subject, and that must be deemed conclusive until otherwise decided by the highest judieial tribunal in the land. This court, too, at the present term, has held the law to ba- ��� �