Page:North Dakota Reports (vol. 1).pdf/528

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504
NORTH DAKOTA REPORTS.

which evidence and stipulation are as follows:” Here follows certain documentary evidence, to-wit, the original school orders, copies of which are set out in the complaint, with the endorsements thereon, which were put in evidence as Exhibts A and B, respectively; then exhibit C was put in evidence, which was a certain book, called upon its title page “School District No. 39, County of Barnes. District Clerk’s Record Book.” Exhibit C embraces 11 pages of the abstract filed in this court, and consists of records kept by the clerk of the district of the proceedings had at all the corporate meetings of the district from and including May 2, 1882, to and including July 26, 1887; also the record of the proceedings had at two meetings held by the school board of said district. After the exhibits came the said stipulation of facts, which reads as follows: “The plaintiff and defendant are each corporations, as alleged in the complaint, and were at the times therein set forth. -The signatures to the warrants hereto attached, which are admitted in evidence, and marked exhib. ‘A’ and ‘B,’ are the genuine signatures of the then acting district clerk and district director; and the signature to the endorsements certifying to the same is the genuine signature of the then acting treasurer. These signatures were made on the respective dates of the instruments and indorsements aforesaid. These were the legal officers of the defendant at that time. The exhibits aforesaid are the warrants in suitin this matter. The plaintiff is, and at the time this suit was brought was, the owner and holder of said warrants by the indorsement and transfer of the same set forth in the complaint. There have been no payments made on the same excepting the payments endorsed on the back of exhibit B, which correctly shows the payments made, and their manner and dates. They were made by the county treasurer. The said orders were issued as follows: Exhibit A during the progress of the building of the school house, and Exhibit B at the time of its completion; and were given in pursuance of contract made between the school board of defendant and J. C. Drake, and for the amount agreed upon by said contract. The assessed valuation of all property in said district at the time said warrants were issued was $18,710.00, including both real and personal. Said district