HEDGES V. DIXON COUNTY, 150 U. S. 182 (1893)

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U.S. Supreme Court

Hedges v. Dixon County, 150 U.S. 182 (1893)

Hedges v. Dixon County

No. 62

Submitted November 2, 1893

Decided November 13, 1893

150 U.S. 182


Holders of municipal bonds issued by a county in excess of its authority cannot, by an offer to surrender and cancel so much of such bonds as may, upon inquiry, be found to exceed the limit authorized by law, invest a court of equity with jurisdiction to ascertain the amount of such excess and to declare the residue of such bonds valid and enforce the payment thereof against the county.

Where a contract is void at law for want of power to make it, a court of equity has no jurisdiction to enforce it, or, in the absence of fraud, accident, or mistake, to so modify it as to make it legal and then enforce it.

In equity. Decree dismissing the bill. Complainant appealed. The case is stated in the opinion. chanrobles.com-red

Page 150 U. S. 183


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