Gentzler v. Constantine Village Clerk

This is a mandamus proceeding in which plaintiffs seek to have defendant Smith, as clerk of the village of Constantine, directed to execute, as required by statute (1 Comp. Laws 1929, § 1756 [Stat. Ann. § 5.1493]), an issue of $216,000 electric light and power system mortgage bonds which had been authorized by passage of a village ordinance. The clerk’s refusal to execute these bonds is based in part upon the following contentions.(1) That $98,000 of the issue is to refund that amount of electric light and power mortgage bonds issued in 1937 and 1939, which bonds are void because they were is…