G. W. Jones Lumber Co. v. City of Marmarth

The defendant issued improvement warrants to install a system of waterworks and sewers. Plaintiff held warrants amounting to $43,247.70 and brought action against the city alleging breach of duty in the collection of said assessments. The court determined:

“That the liability and obligation of the defendant city established as aforesaid, is a liability for breach of dirty and negligence and wrongful acts or omission on the part of the city and that the same does not constitute a debt or indebtedness or liability within the meaning of the provisions of the constitution and statutes of the State…