INDEX.

The figures refer to the cases digested, which are numbered consecutively.
The numeral letters refer to the text at the beginning of each chapter.

A.

Absence of Authority. See Authority to Issue Bonds.
when bonds held valid notwithstanding, 126.

favorable vote unavailing, 106, 127.

distinguished from irregular exercise of, 205 to 240.

Acquiescence. See Estoppel; Ratification.

Action at Law. See Remedies of Bondholders; Parties; Pleadings and
Practice.

owner of bare legal title may maintain, 52.

holder for collection merely. See Parties.

limitation of action on interest coupons, 49, 771, 772, 774, 776, 797.

on interest coupons. See Interest Coupons.

holder may maintain, though special remedy provided by State statute,
773.

when may be maintained on contract, if bonds unauthorized, 775, 793.
when bonds payable from special tax, 796.

holder of part of issue may maintain, 798.

on a former judgment, 800.

1

temporary loan anticipating tax, 802.

presentation for payment when unnecessary, 777, 782, 787, 791.

for money had and received, 136, 778 to 781, 785, 788, 789, 801, 825.

for breach of contract, 783, 784, 786.

judgment in, necessary as foundation for mandamus proceedings in Fed-

eral courts, 833. See Mandamus.

limitation of actions, construction, 794, 797, 799.

Action in Equity. See Equitable Remedy.

Aid to Railroads. See Railroad Aid.

Annexation and Consolidation:

how bondholder's rights affected, X.

consolidated municipality liable for debts of constituent bodies, 640, 648.
subject to legislative regulations, 641, 648.

legislation impairing taxing power, 643.

See Obligation of Contracts; Dissolution and Reorganization.

Antedating Bonds. See Execution of Bonds.

Assessment Rolls. See Public Records.

Assessments, Special. See Special Assessments; Constitutional Law.

Authority to Issue Bonds. See Conditions and Limitations; Ratification;
Constitutional Law; Municipal Decision.

legislative authority necessary, III, IV, 1, 96, 99, 104, 110, 112, 113, 115,
117, 120, 122, 132, 136, 146, 192.

want of, distinguished from irregular exercise of, IV, 205 to 239, 244.
determination by officials as to conditions, 802.

general grant of, includes only public purposes, 66.

bonds void in absence of, 97.

officers cannot bind municipal body without, 101, 137.
constitutional provision requiring vote is not, 106.
favorable vote not substitute for, 106.

must be express or clearly implied, 173.

must be clear, 161.

reciting wrong act in bond not fatal, 320.

reciting valid and invalid act not fatal, 358.

erroneous recital of, not fatal, 365, 470.

bona fide holder not protected when no, 114, 391, 400, 546.

can be no bona fide holder without, 537.

when law unconstitutional, 538.

no estoppel in absence of, 543.

bonds issued without, may be ratified, 563.

time of organization, effect on, 240.

when may be implied, IV.

when intent clearly appears, 173.

cases of implied authority, 179, 180, 181, 183.

from express authority to borrow money, 199, 200.

to issue refunding bonds, 202.

when may not be implied, IV.

from authority to tax, 105.

from authority to subscribe for stock of a railroad company, 105,

185, 186, 190, 191, 193.

from authority to erect a courthouse, 113, 187.

from authority to aid railroads, 119, 185, 189, 192.

to refund existing debt, 120.

from authority to borrow money, 123, 195, 197, 201.

from authority to levy taxes and make improvements, 182.

from authority to contract for sidewalks, 184.

from authority to create debt or contract loan, 194.

iregular exercise of. See Conditions and Limitations; Municipal

Decision.

distinguished from absence of, IV, 213, 227.

when bonds valid notwithstanding, IV, 205 to 239.

election notice illegal, 205, 208, 212.

noncompliance with conditions voted, 206, 209, 215, 225.

fraud of officers, 207, 241.

noncompliance with statutory conditions, 207, 208, 236.

official misconduct and fraud, 211, 215.

bonds issued for unauthorized purpose, 214.

selling bonds on credit, 216, 237, 239.

Authority to Issue Bonds - Continued:
irregular exercise of - Continued:

when bonds valid notwithstanding - Continued:
petition for election not sufficiently signed, 217.
misnomer of railroad company in petition, 219.
in conduct of election, 220, 221.

unlawful use of proceeds of bonds, 227, 230.

noncompliance with constitutional provision as to tax, 228.
tax assessment not completed within legal time, 229.
vote not officially canvassed, 233.

excessive issue of bonds, 234.
illegal warrants refunded, 235.
irregular submission, 138, 238.

ordinance submitting several propositions, 273.
estoppel applied in many cases of, 450 to 536.
when bonds invalid on account of, IV, 205 to 239.
bona fide holders only protected against, 210.
exchanging bonds for stock, 218.

noncompliance with conditions voted, 222.

petition for election illegal, 223.

excessive issue of bonds, 224.

donating bonds when subscription of stock authorized, 226.
noncompliance with precedent conditions, 231.

failure to provide for tax levy, 232.

illegal contract of first purchaser, 403.

cases in which corporation not estopped to show, 537 to 562.
when bonds contain no recitals, 554.

bonds so issued may be ratified by legislature, 585 to 610.
by municipality, 563 to 581.

Authority to Levy Taxes. See Taxation.

Authorized Purposes. See Corporate Purposes.

B.

Boards, Municipal. See Municipal Boards and Officers.

Bona Fide Holders. See Execution of Bonds; Municipal Decision; Authority
to Issue Bonds; Purchasers of Bonds; Recitals in Bonds; Estoppel;
Presumptions; Public Records.

who are, rights of, etc., VII, 389 to 412, 413.

must take notice of what, VII.

presumptions indulged in favor of, VII, 413, 418 to 435.

estoppel applied in favor of such only, VII.

not protected when no authority to issue, 114, 391, 400.

protected, if there is authority under any circumstances, 206.
determination by county board protects, when, 205.

not affected by fraud of municipal officers, 207, 211, 215.
protected by determination of municipal officers, 208.
protected by recital in bonds, when, 214, 416, 526.
illegality appearing on face of bonds, 414.

not affected by nonperformance of conditions, when, 215, 409.

transferee of, has rights of, VII, 395 to 398, 402, 404, 405, 406, 408, 410,

412, 417, 449.

presumption of bona fides, 390, 415.

none when no legal authority, 391, 537.

purchaser from, with notice, 392.

what constitutes, 393, 401.

notice to trustee does not affect, 394.

payment of full value not necessary, 395.

rights pass to vendee, 417.

notice of unpaid, due coupons, 395, 411.

purchaser direct from municipality, when not protected, 399.

illegal contract of first purchasers, 403.

of warrants, rights of same as original taker, 407.

doctrine of estoppel applies in favor of, when, 450 to 536.

doctrine of estoppel, when not protected by, 537 to 562.

Bonds, Municipal. See Municipal Bonds.

Borrow Money. See Authority to Issue Bonds.

Bounties to Soldiers. See Corporate Purposes.

Breach of Contract. See Action at Law.

Bridge. See Corporate Purposes.

Burden of Proof. See Evidence.

C.

Canals. See Corporate Purposes.

Canvass of Votes. See Municipal Decision, 261, 285.
Change in Judicial Construction.

See Federal Courts.

Change of Remedy. See Obligation of Contracts.

Charter. See Special Charter.

Cities. See Municipal Corporations.

City Councils. See Municipal Boards and Officers.

Collateral Attack. See Res Adjudicata.

Commercial Paper:

municipal bonds have all qualities of, II, 27 to 40.
interest coupons are, II, 41 to 53.

Condition or covenant discussed, 243.
governed by law merchant, 802.
Conditions and Limitations:

constitutional:

controlling on legislature and municipalities, I, IV.
on purposes of issuance of bonds, III.

effect of noncompliance with or violation of, IV.

See Authority to Issue Bonds, Irregular Exercise of.

abrogation of authority by adoption of, 100.

condition as to vote not self-executing, 106.

bonds in excess of, when void, 121.

are controlling on legislature, 193.

estopped from showing debt in excess of, when, 476. 480, 496.
when estopped as to performance of, 483.

in absence of recitals in bonds, 540.

limit of debt based on amount of tax assessment, 544.

no estoppel to show invalidity of law under, 560.

on authority to tax, IX, 612, 614, 617, 618.

legislature controls in absence of, 619.

noncompliance with, when fatal, 116, 122.
provision for levying tax to pay bonds, 103.

operation of, when prospective:

pending matters, when affected by adoption of, 651, 723, 725,
1142.

powers under existing laws, when not affected, 716, 717, 718.
amendment of existing laws, when not prohibited, 716.

as limitations on future power of legislature, 719 to 722, 724,
726.

existing laws, when annulled by adoption of, 727.

legislative:

legislature may impose, subject to constitutional, IV, 122.

effect of violation of, IV.

noncompliance with, when fatal, 116, 122. See Authority to Issue
Bonds, Irregular Exercise of.

township may issue bonds only when county fails to act, 111.

presumption of performance of.

See Presumptions.

Consolidation of Municipal Corporations. See Annexation and Consolidation.
Constitutional Law:

some suggestions on, XI.

See Obligation of Contracts; Due Process of Law and the Equal Protec-
tion of the Laws; Conditions and Limitations; Special Legislation;
Uniform Operation of Laws; Ratification of Municipal Bonds; Author-
ity to Issue Bonds; Taxation.

general principles:

rules of construction of Federal and State Constitution, 652.

mandatory statutes, validity of, 653.

unconstitutionality must be clear, 654.

amendment of Constitution, effect on pending or past matters, 651,
691, 692.

power of Congress over territories, 655.

partial invalidity of statutes, 656, 665, 666, 667.

constitutional provisions, when not self-executing, 656, 660.

unconstitutional law confers no power, 538, 657, 659, 664.

statutes should be construed to harmonize with Constitution, 658, 662.

provisions operating directly on municipal bodies, 661.

restrictive provisions do not confer power, 106, 663.

State laws in conflict with Federal Constitution, void, 703.
persons may waive constitutional right, 705.

that laws shall embrace but one subject, which shall be expressed in the
title, 728 to 739.

narrow or technical construction of this provision, not proper, 738.
miscellaneous decisions:

two-thirds of qualified voters construed, 751, 757.