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Williams v. Nottawa, 104 U. S. Wood v. United Statos, 16 Pot.
209
288 342

221 Wilson v. North Carolina, 169 Worcester v. Georgia, 6 Pet. 616 396 U. S. 586

346 Yarbrough, Ex parte, 110 U. 8. Wilson o. Sandford, 10 How. 99 285 655

492 Wisconsin Central Railroad 0. Yates County National Bank o.

United States, 164 U. S. 190 244 Carpenter, 119 N. Y. 550 124 Wiswall v. Sampson, 14 How. 52 Yeazel v. White, 40 Nob. 432

358 166, 168

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1789, Sept. 24, 1 Stat. 73, c. 20 1889, Mar. 2, 25 Stat. 1012, c. 420 130

139, 384 1890, June 2, 26 Stat. 126, c. 391 377 1791, Mar. 3, 1 Stat. 216, c. 22 1891, Feb. 28, 26 Stat. 796, c. 384 244, 245

379, 401 1792, May 8, i Stat. 277, c. 34 245 1891, Mar. 3, 26 Stat. 820, c. 517 1805, Mar. 2, 2 Stat. 324, c. 26 39

110, 491 1807, Mar. 3, 2 Stat. 440, C. 36 39 1891, Mar. 3, 26 Stat. 854, c. 539 1814, Apr. 18, 3 Stat. 133, c. 79 245

201, 202, 264, 265 1824, Mar. 8, 4 Stat. 8, c. 26 245 | 1892, May 5, 27 Stat. 25, c. 60 1842, May 18, 5 Stat. 475, c. 29 245

216, 220, 222 1849, Mar. 3, 9 Stat. 403, c. 121 373 1894, Aug. 18, 28 Stat. 390, c. 301 1853, Feb. 26, 10 Stat. 161, c. 80

304, 305 240, 246 1896, May 28, 29 Stat. 184, c. 252 18:55, Feb. 24, 10 Stat. 612, c. 122 234

280, 281 1857, Feb. 26, 11 Stat. 166, c. 60 1897, Feb. 3, 29 Stat. 510, c. 136

375, 381

507, 508, 509, 510, 511, 514 1858, May 11, 11 Stat. 285, c. 31 376 1898, June 28, 30 Stat. 495, c. 517 502 1863, Mar. 3, 12 Stat. 772, c. 98 130 1899, Mar. 3, 30 Stat. 1004, c. 413 1864, Mar. 21, 13 Stat. 30, c. 36

84, 93 399, 512 1901, Mar. 2, 31 Stat. 950, c. 808 1864, July 2, 13 Stat. 365, c. 217 399

387, 388 1865, Feb. 27, 13 Stat. 440, c. 64 512 Revised Statutes. 1866, July 26, 14 Stat. 251, c. 262 146 $574.....242, 246, 252, 253, 254 1869, Apr. 10, 16 Stat. 45, c. 23 156 SS 583, 584.. .241, 242, 247 1871, Feb. 6, 16 Stat. 404, c. 38 397 $629...

285 1874, June 6, 18 Stat. 62, c. 223 46

638..242, 243, 246, 252, 253, 254 1875, Feb. 22, 18 Stat. 333, c. 95 237

88 671, 672.. .241, 242, 247 1875, Mar. 3, 18 Stat. 470, c. 137

§ 709... 41, 45, 113, 152, 180, 188

287, 288 $ 828.....239, 240, 246, 247, 253 1878, June 3, 20 Stat. 88, c. 150 495 $ 831

247 1882, May 6, 22 Stat. 58, c. 126

$ 1466.

85 215, 216, 220, 222, 303 § 1764.

281 1884, July 5, 23 Stat. 115, c. 220

$ 2013.

.241, 246 215, 216, 220 $ 2116.

504 1885, Feb. 25, 23 Stat. 321, c. 149 258 $ 4747.

. 124, 125 1886, Aug. 4, 24 Stat. 222, c. 902

4886.

426 240, 242 § 4888.

430 1887, Feb. 8, 24 Stat. 388, c. 119 394 § 5197..180, 182, 185, 186, 187, 188 1887, Mar. 3, 24 Stat. 503, c. 359 231 $ 5198.. .172, 179, 180, 1887, Mar. 3, 24 Stat. 509, c. 362

182, 185, 186, 187, 188 240, 242, 244, 246, 247, 249, 253 § 5219.

276 1888, Sept. 13, 25 Stat. 478, c. 1015 299

$ 5329.

185 1889, Jan. 14, 25 Stat. 642, c. 24 377, 379, 381, 391, 394

(B.) STATUTES OF THE STATES AND TERRITORIES.

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p. 204..

p. 269.

PAGE California.

Nebraska. 1887, Mar. 7, Laws of 1887,

Code Civ. Proc., & 497 a... 358 p. 29, c. 34.. ...3, 6, 8

$$ 498,500.. 358 Connecticut.

New York. 1866, Pub. Laws of 1866, c. 29 364 1895, Laws of 1895, c. 1027.. 148 1889, Pub. Laws of 1889, c. 63 365 1896, Laws of 1896, c. 835... 148 1897, Pub. Laws of 1897, c. 153 364 Pennsylvania. 1899, Pub. Laws of 1899, c. 50 364 1770, Feb. 24, 1 Carey & Gen. Stats., § 1923.

365

Bioren, p. 495, c. 605. 513 § 3836.

365 1826, Apr. 3, Law of 1825– Illinois.

1826, p. 187, c. 61. ... 513 1879, May 28, Laws of 1879,

1855, Apr. 27, Laws of 1855,

203, 204 p. 368, No. 387..57, 58, 60, 62, 65 1897, June 7, Laws of 1897, Topnessee.

..206, 207, 208 1867, Mar. 9, Laws of 1866Hurd's Rev. Stat. of 1895,

1887, p. 70, c. 48..... 14 p. 1037...

.204, 207, 208 1881, Apr. 4, Laws of 1881, Hurd's Rev. Stat. of 1897,

p. 111, c. 96. ...

31 p. 1088..

204 1899, A pr. 7, Laws of 1899, Indian Territory.

p. 311, c. 163..

.488, 489 Mansfield's Dig., $8 4742, Texas. 4743...

506 1874, May 2, Laws of 1874, Kentucky.

322 1886, May 17, Laws of 1885

1885, Mar. 28, Laws of 1885, 1886, p. 140, c. 1233.. 272

. 324, 325 1900, Mar. 21, Laws of 1900,

1889, Apr. 3, Laws of 1889,
p. 65, c. 23.......
..270, 272, 276

...324, 325 Louisiana.

Paschal's Dig., art. 71160... 322 1877, Laws of 1877, No. 33

Rev. Stat. of 1879, art. 2953 339, 340, 341, 352

322, 324, 325 1878, Laws of 1878, No. 43

art. 2954...

...322, 324 339, 341, 352 Rev. Stat. of 1895, arts. 3060 Civ. Code, art. 447....

323 Michigan.

art. 3071.

322, 325 1897, Mar. 26, Pub. Laws of

art. 3072.

322 1897, p. 55, No. 48.... 112

art. 3073.

323 1899, June 23, Pub. Laws of

arts. 3074-3084.

324 1899, p. 433, No. 263...112, 113 arts. 3086, 3087.

324 Mississippi.

art. 3089...

324 1886, Mar. 18, Laws of 1888,

art. 3092..

.324, 325 p. 694, c. 358..

.69, 80
art. 3096.

.324, 325 1900, Mar. 9, Laws of 1900,

p. 180, c. 138........78, 80, 81

p. 197...

p. 62....

p. 98.

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The Tulare irrigation district, in California, issued and sold its bonds for

the purpose of constructing its irrigation works. The proceeds were used for that purpose by the corporation, and the works were by means thereof constructed. The corporation then refused to pay the bonds, and denied its liability on them upon the ground that it was never legally organized as a corporation, and hence had no legal right to issue any bonds. Held, on the authority of Douglas County Commissioners v. Bolles, 94 U. S. 104, that common honesty demanded that a debt thus incurred should be paid; and that there was nothing in the facts in this case to set aside the application of that principle; that if anything could constitute a de facto corporatiou the defendant is one and that, being thus

a de facto corporation, none but the State can question its existence. Under the circumstances stated in the opinion of the court, the landowner

is estopped from setting up the defence of the want of notice, as against the plaintiff in this case.

This was a writ of error to the Circuit Court of the United States for the Southern District of California, sued out for the purpose of reviewing a judgment of that court in favor of the defendant in error in an action brought by him against the irrigation district only, to recover interest due on certain coupons VOL. CLXxxy_1

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Statement of the Case.

attached to bonds issued by the district for the purpose of raising money to build its irrigation works. It appeared from the complaint that the plaintiff was a resident of Michigan, and that the Tulare irrigation district had at all times since September 2, 1889, been a corporation duly incorporated under the laws of the State of California, and since that time had been acting as such corporation; that under the laws of such State the irrigation district duly issued its bonds for the amount of $500,000 with coupons attached ; that the plaintiff was a bona fide purchaser and holder of certain of those coupons, and that he had paid full value for the same, in the usual course of business and before any of them were due or dishonored, and in good faith and without any notice of any defect or invalidity of the same or any of them. Judgment for $13,185 and interest was demanded. The defendant demurred to the complaint, the demurrer was overruled, 94 Fed. Rep. 1, and the defendant then answered.

The answer, among other things, set up various alleged irregularities and omissions which occurred in the attempted formation of the irrigation district, on account of which, as contended, the corporation never was legally formed and never had power to issue bonds, and whatever bonds may have been issued were for those reasons void. The individual defendants at this stage applied to the court for an order permitting them to intervene in the action as parties therein, and to unite with the defendant corporation in resisting the claims of the plaintiff in this action. The court thereupon ordered that the petitioners' complaint in intervention should be filed without prejudice to the plaintiff's motion to strike out the same. They then filed what they termed their complaint in intervention in this action, (which is nothing more than an answer to the complaint,) in which they set up that the defendant Kelly was a citizen of the United States and a resident of the State of Massachusetts, and that ever since January 1, 1889, he had been and was at the time of tie commencement of the suit the owner of the land which he described, and which was situate within the boundaries of the county of Tulare, California, and within the boundaries of the alleged Tulare irrigation district; that Jauchius, the other de

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