DOUGLASS v. LINCOLN COUNTY, IN THE STATE OF MISSOURI.
3
17.
(Circuit Court, E. D. Missouri December, 1880.)
1. MUNICIPAL BONDS ISSUED "MISSOURI.
"
Municipal bonds are not duly "issued," under the laws of Missouri,
unless the same, have been duly registered in the office of the state
auditor. ED.
•
J
1
Defendant requests the court to instruct the jury as fol-
lows: "The jury are Instructed that the bonds from which
coupons sued on are alleged to have been detached were not"
executed or 'issued by the defendant until the same were
countersigned, before delivery, by an agent of Lincoln county.
It, therefore, the jury find from the evidence that either of the
bonds sued on was thus countersigned and delivered after
March 30, 1872, by James M. McClellan, claiming to act as
agent of Lincoln county under and by virtue of an order of
the county court of said county, made May 16, 1872, the jury
are instructed that as to such bonds, and as to any coupons
from such bonds detached, plaintiff cannot recover unless the
jury further find from the evidence that said bonds and
coupons have been registered in the office of the state auditor
of the state of Missouri." (;
·
.
"
tr
John B. Henderson and John H. Overdut, for plaintiff."
H. A. Cunningham, for defendant.'
r
.f.
TREAT, D. J., "(orally.) The question presented is very
clear. It is as to the meaning of the term "issued," as found
in the act of the general assembly of the state of Missouri,
entitled “An act to provide for the registration of bonds is-
sued by counties, cities, and incorporated towns, and to limit
the issue thereof." Section 4 provides: "Before any bond
hereafter issued by any county, city, or incorporated town,
for any purpose whatever, shall obtain validity or be negoti-
ated, such bond shall first be presented to the auditor, who
shall register the same in a book or books provided for that
purpose, in the same manner as the state bonds are now reg-
istered, and who shall certify, by indorsement on such bond,
that all the conditions of the law have been complied with in
Page:Federal Reporter, 1st Series, Volume 5.djvu/787
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DOUGLASS v. LINCOLN COUNTY, MO.
775