People ex rel. Tallant v. Woods
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an application by the relators, as members of the board of commissioners of the funded debt of the city of San Francisco, against R. E. Woods, treasurer of the city and county of San Francisco, to compel him to- pay over to them the sum of eighty-nine thousand nine hundred dollars, as the balance of interest on the funded debt, and of the fifty thousand dollars for the sinking…
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. This was an application by the relators, as members of the board of commissioners of the funded debt of the city of San Francisco, against R. E. Woods, treasurer of the city and county of San Francisco, to compel him to- pay over to them the sum of eighty-nine thousand nine hundred dollars, as the balance of interest on the funded debt, and of the fifty thousand dollars for the sinking fund. Their petition averred, that in conformity with the law of 1851, under which they organized, they furnished the…
1Opinion of the CourtMurray, C. J.
After a full re-examination of this case, I am satisfied that our former opinion was wrong. The error consisted in assuming *584that the act to fond the indebtedness of the city, was a simple legislative provision, whereby a fond was provided to secure an antecedent debt, when, in fact, it must be regarded as a law authorizing a contract between the City of San Francisco and her creditors, who surrendered the old indebtedness, which was a present charge against her, and took a new security, or bonds bearing a different rate of interest, in lieu thereof. This transaction between the city and the…
2Cited by6 opinions
- Moore v. City of New OrleansSupreme Court of Louisiana · 1880
- Board of Education of the Independent School District v. WhismanSouth Dakota Supreme Court · 1930
- Maenhaut v. New OrleansU.S. Circuit Court for the District of Louisiana · 1875
- Smith v. City of AppletonWisconsin Supreme Court · 1865
- Blount v. MacDonaldArizona Supreme Court · 1916
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