State ex rel. Helena Water Works Co. v. City of Helena
Montana Supreme Court
Appeal from District Court, Lewis and Clarfce County; S. II. Mclntire, Judge. * Application by the State of Montana, on the relation of the Helena Water Works Company for a writ of mandamus against the city of Helena and the city council of the city of Helena. From a judgment on the pleadings in favor of defendants, plaintiff appeals. Statement of the Case.
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Appeal from District Court, Lewis and Clarfce County; S. II. Mclntire, Judge. * Application by the State of Montana, on the relation of the Helena Water Works Company for a writ of mandamus against the city of Helena and the city council of the city of Helena. From a judgment on the pleadings in favor of defendants, plaintiff appeals. Statement of the Case. The appellant, in the district court of Lewis and Clarke county, made an application for a writ of mandamus requiring the city of Helena, and the city council of the city of Helena, to audit, allow and pay certain claims for water…
1Opinion of the CourtJustice Word
The first question we shall consider is: Did the city of Helena, by entering into the contract for a water supply, incur an “indebtedness,” within the meaning of that term as it is used in Section 6 of Article XIII of the Constitution of Montana?
Section 6 of Article XIII of the Constitution is as follows:
“No city, town, township or school district shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 3 per centum of the value of the taxable property therein, to be ascertained by the last assessment for…
2Cases cited27 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Lake County v. RollinsSupreme Court of the United States · 1889
- Litchfield v. BallouSupreme Court of the United States · 1885
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- Grant v. City of DavenportSupreme Court of Iowa · 1873
22 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
- Carlson v. City of HelenaMontana Supreme Court · 1909
- Voss v. Waterloo Water Co.Indiana Supreme Court · 1904
- Hagan v. Commissioner's CourtSupreme Court of Alabama · 1909
- City of Mobile v. Mobile Electric Co.Supreme Court of Alabama · 1919
25 more not listed; retrieve them via the Exa API.