Legal Opinion · Dissent

City of Defiance v. McGonigale

Court of Appeals for the Sixth Circuit

Decided February 2, 1907No. 1,580Published

In Error to the Circuit Court of the United States for the Northern District of Ohio.

1DissentLurton, Circuit Judge

I agree with the conclusion of the majority that the appointment of McGonigale was not void. I agree, also, that the ordinance was not void because not submitted to a vote of the people. The act of May 13, 1886, was alone applicable to Defiance, that being a city of the fourth grade. I concur with the majority in the view that that act limited the municipal power to a contract for a term not exceeding 30 years. A contract for a term in excess of 30 years is not severable, but is totally void under the well-settled decisions of Ohio applicable to municipal corporations. City of Wellston v.…

2Cases cited5 opinions

  1. Gas Light & Coke Co. v. City of New AlbanyIndiana Supreme Court · 1901
  2. Defiance Water Co. v. City of DefianceOhio Supreme Court · 1903
  3. State v. Mayor of BayonneSupreme Court of New Jersey · 1893
  4. Manhattan Trust Co. v. City of DaytonCourt of Appeals for the Sixth Circuit · 1893
  5. Sullivan v. BaileyMichigan Supreme Court · 1900

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