Page:Federal Reporter, 1st Series, Volume 7.djvu/455

 OSBOENB V. COUNTY C0MMISSI0NER8 OP ADAMS 00. 443 �as here stated. Blair v. West Point Preanct, "U. S. C. C. Neb.;* Cfeandier.v. Doij^e Co. 10 Neb. 20. �As a general rule, when and where a right exista,, the law furnishes an adequate remedy to enforce the same when it is in any way impaired or impeded. It is conceded that pre- cinct bonds may be lawfully issued for some purposes. If that be true, it necessarily follows that a remedy must exist to enforce the payment thereof; and, if the precinct itself cannot be sued, though primarily liable for the payment of the bond, then reason, it would seem, must point directly to the of&cers who execute the bonds as the ones who must respond on behalf of the precinct. And more especially is this so where a mandamus cannot be issued until after a proper suit has been instituted and the claim reduced to judgment, as seems to be required by all the federal courts. Indeed, whatever may be thought or said of the propriety of fiustaining an action against a county to enforce payment of a precinct bond, the question must be regarded as no longer open to argument in this court. Bver since the decision of the case of Chandler v. County Com'rs Dodge Co., brought in this court, the right to sue a county, to recover on a precinct bond, has been sanctioned and upheld. This case went to the supreme court, where the judgment was affinned, though the question here under consideration was not raised in the supreme court. The case of Blair v. West Point Precinct, before referred to, is authority on this point. �The demurrer draws in question the validity of a precinct bond issued to aid in the erection and construction of a steam grist-mill, and if the bonds from which the coupons in suit were detached cannot be upheld under the provisions of the "Internai Improvement Law" of the fifteenth of Pebruary, 1869, then the bonds must fall, and this suit with them. There is no other law, or part thereof, conferring the right on electors of a precinct to vote bonds for any purpose. Sec- tion 1 and section 7 of this act are as follows : �" Section 1. That any county or city in the state of Nebraska is hereby Authorized to issue bonds to aid in the construction of any railroad or �*8ee this case reported in 5 Fed. Ekp. 265. ��� �