Newbery v. Fox
Supreme Court of Minnesota
The plaintiff, suing for himself and all other citizens and taxpayers of the town of Taylor’s Falls, brought this action in the district court for Chisago county, to restrain the defendant Fox from enforcing a judgment obtained by him by default against the town of Taylor’s Falls, and to restrain the town and its officers from paying such judgment, and from paying the defendant Fox anything upon the alleged contract upon which the judgment was rendered, the complaint…
Read the full summary
The plaintiff, suing for himself and all other citizens and taxpayers of the town of Taylor’s Falls, brought this action in the district court for Chisago county, to restrain the defendant Fox from enforcing a judgment obtained by him by default against the town of Taylor’s Falls, and to restrain the town and its officers from paying such judgment, and from paying the defendant Fox anything upon the alleged contract upon which the judgment was rendered, the complaint alleging .that the judgment was obtained through the connivance of the officers of the town. The defendant Fox appeals from an…
1Opinion of the Court
DicKinson, J.1
The only point presented by the appellant for decision is as to whether a contract, entered into in 1885, between the town council of the municipal corporation the town of Taylor’s Falls and the defendant Fox, for the opening and grading of certain streets by Fox, was ultra vires, and whether the municipality should be *143heard to interpose that defence to an action by the other party to recover upon the contract after it had been performed. The corporation was empowered by its charter (Sp. Laws 1873, c. 2, and Sp. Laws 1881, (Ex. Sess.) c. 44) to levy special assessments for such…
2Cases cited3 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Brady v. . the Mayor, C., of the City of New YorkNew York Court of Appeals · 1859
- Mayor v. RaySupreme Court of the United States · 1874
3Cited by23 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Hyre v. BrownWest Virginia Supreme Court · 1926
- Edwards Hotel & City Street Railroad v. City of JacksonMississippi Supreme Court · 1910
- Farwell v. City of SeattleWashington Supreme Court · 1906
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
18 more not listed; retrieve them via the Exa API.