Page:North Dakota Reports (vol. 1).pdf/577

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INDEX.
553

district board had no authority to make it, could not be made binding upon the district by subsequent ratification by the inhabitants. Whether there was sufficient evidence of such ratification not decided. Capital Bank v. School Dist. 469. Gull Riv. L. Co. v. Sch. Dist. 500.

Receipt of Fruits of Contract Creates No Liability.

Such contract being impliedly prohibited by statute, the receipt by the district of the fruits thereof creates no liability either under the contract or for the value received. Id.

Teacher's Certificate.

Every contract relating to the employment of a teacher who does not hold a lawful certificate of qualification is void by the express terms of the statute, and every warrant issued in payment of services of such teacher is without consideration and void. Bank v. School Township 26.

Warrant Creates No New Liability.

A warrant creates no greater liability than the debt it represents, whether in the hands of the original party or of a purchaser before maturity and for value. Cap. Bk. v. Sch. Dist. 479. Gull Riv. L. Co. v. Sch. Dist. 500.

Warrants Not Negotiable.

School township warrants are not negotiable instruments, in the sense that their negotiotion will cut off defenses to them existing against them in the hands of the payee. Bank v. School Township 26.

Teacher Making Void Contract.

A person who assists a public officer in depriving the public of the benefits of a statutory protection designed to guard the people against unfit and incompetent teachers has no standing in court, and his assignee will receive no greater consideration. Id.

(Not estopped by representations of officers. See Estoppel.)

SCRIP.

(See Public Lands.)

SEED-GRAIN.

Bonds For.

Seed-grain bonding law held valid. State v. Nelson Co., 88.

SEED-LIEN.

Description of Land.

Under the statute authorizing a seed-lien, (Comp. Laws, $ 5490,) the “account in writing” must embrace a description of the land on which the seed has been or is to be planted. Where such description of the land was omitted, held, fatal to the lien. Lavin v. Bradley. 291.

Pleading in Action to Foreclose.

In an action to foreclose such lien, where the complaint shows affirmatively that the land is not described in the account in writing which was filed, held, that such complaint does not state a cause of action so far as the lien is concerned, and that an order of the district court overruling a demurrer thereto will be reversed. Id.