Merchants National Bank v. City of Devils Lake
North Dakota Supreme Court
From a judgment of the District Court of Ramsey County, Buitz, •J., defendant appeals. Wilson v. Aberdeen, 19 Wash. 89, 52 Pac. 524. In this case it is held that a city cannot be rendered liable generally upon warrants drawn against a special fund for the payment of a street improvement even though the remedy of a street assessment proceeding is not longer available.
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From a judgment of the District Court of Ramsey County, Buitz, •J., defendant appeals. Wilson v. Aberdeen, 19 Wash. 89, 52 Pac. 524. In this case it is held that a city cannot be rendered liable generally upon warrants drawn against a special fund for the payment of a street improvement even though the remedy of a street assessment proceeding is not longer available. The court says: “The obligation rested upon the warrant holders to compel the officers of the city to proceed with the collection of the assessments, and if they saw fit to allow their remedy to become lost through a failure to…
1Opinion of the Court
Christianson, Ch. J.
Plaintiff brought this action to recover the amount due on certain warrants issued by the city of Devils Lake to one Thomas Young for grading certain streets. The warrants were thereafter purchased by and assigned to the plaintiff. The case was tried to the court without a jury, and resulted in a general judgment for the plaintiff, and defendant has appealed.
There is no controversy about the facts. It appears that some time prior to September, 1909, one Thomas Young graded some streets for the defendant city. The evidence does not show the terms of the agreement under…
2Cases cited1 opinion
- Kvello v. City of LisbonNorth Dakota Supreme Court · 1917
3Cited by5 opinions
- Murphy v. City of BismarckNorth Dakota Supreme Court · 1961
- Bankers Trust & Savings Bank v. Village of AnamooseNorth Dakota Supreme Court · 1924
- Dakota Land Company v. City of FargoNorth Dakota Supreme Court · 1974
- Green v. BesteNorth Dakota Supreme Court · 1956
- Boynton v. Board of City CommissionersNorth Dakota Supreme Court · 1926